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ISP investigate injury crash west of Wendell

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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: June 7, 2015 1:40 a.m. Please direct questions to the District Office Idaho State Police are investigating an injury crash westbound on Interstate 84 at milepost 153, just west of Wendell in Gooding County. Further information will be released when it becomes available. SA / LL -------------

Update to injury crash west of Wendell

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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: June 7, 2015 3:43 a.m. Please direct questions to the District Office **Final Update** On June 6, 2015, at approximately 11:00 p.m., the Idaho State Police investigated a rollover crash westbound on Interstate 84 at milepost 153, just west of Wendell. Kristin Thompson, 42, of Bliss, was travelling westbound in a 2003 Ford Focus, when she drove left into the median. Thompson overcorrected the vehicle which then re-entered the roadway, striking the rear of an unknown commercial truck and trailer. The Ford Focus then overturned. Thompson was ejected, and her car came to rest in the median. The commercial vehicle did not stop. Thompson was transported by air ambulance to…

Tyranny Of The Geezers

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What kind of truck does an old judge drive, and why should you care?  Because that’s the sensibility of the geezer who’s going to make some decisions that dictate what will happen with your life or fortune.  In America, most judges are, well, old. Conventional wisdom has it that wielding the gavel takes years upon years of lawyerly practice. Judging by that standard, the U.S. federal bench must be very effective, indeed: About 12 percent of the nation’s 1,200 federal judges are 80 or older, according to a 2010 survey by ProPublica. Eleven were over the age of 90, almost three times as many 20 years before. Other things that happened over those 20 years: the Internet. Plus smartphones, Twitter, Facebook, hacking, legal weed, etc., etc., etc. Plus dementia and senility, for some. On issues of the day, like privacy or hacking, can older judges possibly keep up? On the one hand, they have the wisdom and experience gained from a lifetime, assuming…

To Fear Or Not To Fear

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During the dinner party Friday night (yes, old people still have dinner parties), the guy sitting across from me explained that we’re back to rampant crime, a crime spree.  I asked him why he thought so, and he looked at my like I was a moron. “Don’t you read the papers,” he finally sputtered? I sighed, knowing what he meant.  If it bleeds, it leads, and there has been no shortage of news about people getting killed, both cops and robbers people shot by cops.  For nice people who have no other context, it could well seem like we’re back to gunfights in the street. After gently suggesting that there really isn’t any crime spree going on, to which he gave me one of those looks that suggested I shouldn’t move any closer to him or he would have to take a defensive stance, I tried to explain that a handful of high profile issues mask the fact that, compared to the 1980s, we’re living in crime paradise. It’s just…

Florida Appeals Court Holds Defendant Cannot be Charged Twice for Same Offense, Possession of Controlled Substance

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The Double Jeopardy Clause of the Fifth Amendment to the U.S. Constitution and the Double Jeopardy Clause in article 1, section 9 of the Florida Constitution prohibit a person to be subjected to multiple prosecutions, convictions, and punishments for the same offense. In a recent 2d District Court of Appeal decision, the court held that a defendant who pled guilty to possessing a controlled substance and was placed in jeopardy cannot then be tried for the offense. In this case, Mr. Hutto was issued a Pasco County ordinance citation for possession of illicit synthetic drugs, specifically synthetic marijuana. Mr. Hutto paid the citation, and in doing so he pled guilty or no contest. Then, an information was filed by the State of Florida, charging Mr. Hutto with possession of a controlled substance. This information was based on the exact same substance, the marijuana, he had already pled guilty to possessing. Mr. Hutto alleged a double jeopardy violation and moved to…

"Ranking Drug Harms for Sentencing Policy"

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The title of this post is the title of this notable new empirical-oriented new paper by Paul Hofer now available via SSRN. Here is the abstract: Unidimensional rankings comparing the harmfulness of different drugs have been criticized as too simplistic for policy making. A type of unidimensional ranking of direct...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/PW07gAZLIN0" height="1" width="1" alt=""/>

Why I think Hillary Clinton and others concerned about workplace equity should be getting behind marijuana reform

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I was explaining to one of my daughters recently that my professional study of the criminal justice system, where we see men committing serious and violent crimes at roughly 10 times the rate of women, in part accounts for my strong feminist views. And, this notable recent article from the...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/9ethwj9dQYk" height="1" width="1" alt=""/>

Secrets to Fighting Your Greenwich Connecticut Domestic Violence Arrest & Greenwich DCF Investigation

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You don’t have to look too far in the news these days to appreciate how much more aggressively government and state agencies are interfering in people’s lives, especially when it comes to Greenwich Connecticut domestic violence arrests.  Some of the best Greenwich Connecticut criminal and DCF lawyers would even say that many state agencies—including the Connecticut Department of Children and Families (“DCF”) and the Greenwich Police Department—are adopting a sweeping “CYA” approach to administering their duties.  Make arrests, then ask questions later seems to be the trend in some cases.  While this cautious approach is sometimes justified, many times it is overkill and causes more harm than good to Greenwich Connecticut families, especially if you are arrested in Greenwich Connecticut for a minor Greenwich domestic violence crime, or if you are being unnecessarily investigated by DCF in Greenwich Connecticut. So…

Should a MasterChef episode include a nutraloaf/prison cooking challenge?

"Expunging America's Rap Sheet in the Information Age"

Michigan Driver's License Restoration Appeal Substance Abuse Evaluation - The Prognosis

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In the context of a Michigan driver's license restoration appeal, the substance abuse evaluation plays a critical and foundational role. There are 2 primary issues the Michigan Secretary of State Administrative Hearing Section hearing officer must decide in a license appeal case: First, that your alcohol problem is "under control," and second, that it is "likely to remain under control." It is the second issue that is the most important and the real "meat and potatoes," of a driver's license reinstatement case. It all boils down to this key question: Are you a safe bet to remain alcohol free? In this article, we will examine the substance abuse evaluation as a clinical assessment relative to that second issue. The main goal of this blog installment will be to focus on the importance of the prognosis section of the evaluation form. Accordingly, we'll restrict our inquiry here to how the prognosis section of the evaluation…

Fatal Crash east bound US12 @ 34

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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 TWO CASE # L15000665 --------------------- PRESS RELEASE ----------------------------- DATE: June 07, 2015 TIME: 7:53 PM LOCATION: East bound US12 @ 34 ASSISTING AGENCIES: Clearwater Sherriff's Department VEHICLE #1 ------------- DRIVER Joshua G Wilson AGE 27 ADDRESS Kamiah, ID INJURIES? - Yes HOSPITAL/LOCATION TAKEN ? Clearwater Valley VEHICLE YEAR 2001 VEHICLE MAKE Subaru VEHICLE MODEL Forester WRECKER Orofino Auto-Body SEATBELTS/HELMET WORN? No…

What if My Spouse Lies About Finances On Our Divorce Papers?

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Divorce isn’t just a legal process – it’s also a financial process which involves key money matters like alimony, child support, and the division of property, debts, and assets.  People who are filing for divorce in Utah are required to truthfully and accurately disclose in-depth financial information on a detailed form called the Financial Declaration.  So what happens if your spouse lies about income, debts, assets, or other financial information?  Utah divorce attorney Andrew Stewart explains how supplying false information affects the divorce process – and why you absolutely must avoid lying on your financial paperwork, no matter how tempted you are to conceal the facts. The Financial Declaration Requirement in Utah Divorce Cases The complaint or petition for divorce marks the beginning of the legal process, while the final divorce decree concludes the proceedings and officially terminates the marriage.  But there are also many…

Is Administrative Law Unlawful? NO!

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Adrian Vermeule, ‘No’ (Review of Philip Hamburger, Is Administrative Law Unlawful?), Texas L.Rev. (forthcoming), available at SSRN. William Funk Last year, the University of Chicago Press published “Is Administrative Law Unlawful?” by Philip Hamburger, the Maurice and Hilda Friedman Professor of Law at the Columbia University School of Law. A book by a named professor at a top-ten school published by a respected academic publisher with a provocative title would seem to be a must-read book for adlaw aficionados. His conclusion is that administrative law is unlawful, root and branch, because it is unlawful for administrative agencies to issue any rule or order that binds private parties. This is more than provocative; it is radical. Radically wrong. So wrong, one might wonder how it came to be published, and in any case so wrong that no one would take it seriously. Not so fast. In March, Justice Thomas cited it extensively in his concurrence in…

Lamenting missed opportunities on criminal justice

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The 84th Texas Legislature witnessed a few bright spots on criminal justice: E.g., ending the pick-a-pal grand jury system, giving judges tools to combat junk science via habeas corpus, scaling back use of state youth prisons, decriminalizing truancy, and, perhaps the biggest one that's received no MSM attention, adjusting property theft thresholds for inflation for the first time since 1993. Fourteen or 16 years ago, Grits would have considered that quite a successful session. But times have changed and, compared to the opportunities left on the table, these successes as a whole leave a lingering taste of weak tea. The Houston Chronicle editorial board last week summed up the cause for disappointment:Like practically every other issue confronted by the Legislature, criminal justice reformers ended up with a mixed bag of moderate accomplishments, watered-down deals and failed bills. They even drew a veto from Gov. Greg Abbott, who struck down a Good Samaritan bill that …

Property Rights and Wrongs

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Before the hyperbole spins out of control, no one was killed.  No innocent person. No guilty person. No cop. Under the circumstances, that’s nothing to sneeze at. With that in mind, Leo Lech, who bought the house for his son, had reason to be miffed. The home, in Greenwood Village, Colorado, took a hit. And another. And more still. The incident unfolded after police and SWAT officers tried to capture Robert Jonathan Seacat, 33, when he was allegedly spotted shoplifting in Aurora on Wednesday. Seacat then opened fire on police when they tried to arrest him a short time later and ran into a random home on Wednesday afternoon. Seacat began a 20-hour stand-off with police and was only taken into custody on Thursday morning. Notably, this was a random house. There was no connection between Seacat and the home to explain why he chose this house to enter, or that this house was in any imaginable way connected to any wrong doing. The house was innocent. And very…

Entitlement Wasn’t Born Yesterday

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Lee Siegel writes a powerful philippic for the New York Times Sunday Review entitled “Why I Defaulted on My Student Loans.”  It may not be entirely clear from his rant that he’s no kid, but the same age as me.  That being so, I call bullshit.  Siegel is full of crap and playing his audience for fools. Siegel begins his facile spin in his first paragraph, painting the banker who gave him his student loan as his own personal merchant of Venice. ONE late summer afternoon when I was 17, I went with my mother to the local bank, a long-defunct institution whose name I cannot remember, to apply for my first student loan. My mother co-signed. When we finished, the banker, a balding man in his late 50s, congratulated us, as if I had just won some kind of award rather than signed away my young life. No. The “balding” man, an interesting detail recollected by someone who can’t recall the bank, didn’t congratulate Siegel “as…

The Law Student, the Encrypted Laptop and the Brute Force Attack

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This post examines an opinion a U.S. District Court Judge in Michigan issued recently in a civil suit:  Enjaian v. Schlissel, 2015 WL 3408805 (U.S. District Court for the Eastern District of Michigan 2015).  In the opinion, the judge is ruling on “a Motion for Judgment on the Pleadings and Summary Judgment, filed by Defendants”.  Enjaian v. Schlissel, supra.  According to the document you can find on this site, the defendants are Mark S. Schlissel, Jose A. Dorta, Bernard C. Mundt II and Renee J.S. Schomp. Essentially, as this site and this site explain, both judgment on the pleadings and summary judgment are tactics a party to a lawsuit can use to try to persuade the judge to enter judgment for that party without actually holding a trial.  The links above will take you to online articles that explain how each device works . . . when they work.This judge begins his ruling on the defendants’ motion by explaining how, and why, the case…

Acquittal for BP Executive

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"The highest ranking BP exec charged in the fatal 2010 Deepwater Horizon disaster," was acquitted on Friday after two hours of jury deliberations. Initially charged with false statements and Obstruction of Congress, the court dismissed the obstruction charge, leaving the...

Maryland’s Highest Court Reviews Legality of Criminal Sentence Below a Binding Plea Agreement

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Most states have court rules and laws that govern the preparation and enforceability of a plea agreement between a criminal defendant and the State. According to case law, plea agreements play a “crucial role” in the Maryland criminal justice system. Part of the allure of a plea agreement is the level of certainty it provides to the person charged with a crime, as well as to the State. Furthermore, the use of plea agreements (rather than a trial) serves to reduce the overcrowding of courts by disposing of cases in an more efficient manner. It is important to ensure that any applicable legal rules are complied with in order to protect one’s rights at this very important stage, as well as throughout the whole criminal process.  If you have been arrested or charged with a crime, you are encouraged to contact an experienced Maryland criminal defense attorney as soon as possible. The highest court in Maryland recently addressed the legality of a…
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