Texas has been enforcing animal cruelty laws for well over 100 years. Because Texas is home to many people who raise and care for livestock, this state has a history of punishing people who mistreat domesticated animals. However, animal cruelty statutes do not only apply to farm animals. The laws also apply to household pets, including some wild animals that have been captured and treated as domesticated animals. There is a range of possible legal punishments for a Cruelty to Animals conviction. Depending on the circumstances of a particular case, mistreatment of animals can be considered either a civil offense or a criminal offense. The penalties can vary based on the severity of the mistreatment. Defining Animal Cruelty in Texas Section 42.09 of the Texas Penal Code lists definitions for several different types of animal mistreatment. They include: Cruelty to livestock animals Attacks on assistance animals Cruelty to non-livestock animals The following section also…
What to Do When You’ve Been Charged with Animal Cruelty
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Innocence, Inc.
When Jeff Blackburn, a founder of the Innocence Project of Texas and its chief counsel, tendered his resignation, it raised a storm of controversy. Jeff was gracious toward his organization, but it wasn’t his way to go quiet into the night. He didn’t quit without reason, and yet he didn’t seek to tank the organization he built that had accomplished extraordinary things. It’s not that the legal system in Texas is so much worse than anywhere else, but that they like killing people down there. But then came an “announcement” that was more than he could take. It hit the fan from three sides, the IPTX website, the Houston Chronicle and a blog, Grits for Breakfast. Aside from Jeff, the other person who ran the show was the IPTX executive director, Nick Vilbas. Together, they made an underfunded, overworked, organization do things that no one would have believed possible. They exonerated the innocent. While Nick…
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What Is Vandalism?
An unidentified burglar recently broke into and vandalized a branch of the post office in Davie, Florida. The man entered through the rear of the post office and appeared to be looking for something, but it remains unclear what, if anything, was stolen. The U.S. Postal Inspection Service is offering a $10,000 reward for information leading to an arrest and conviction in the case. Because the crime was committed in a post office, the vandalism is a federal offense. Vandalism Vandalism, also known as criminal mischief, occurs when a person willfully and maliciously injures or damages another’s property. It applies to both personal property and to real property, such as a house or business. Graffiti is a common type of vandalism, but the law prohibits other types of damage, as well. The offense of vandalism is commonly committed by juveniles. In order to convict a defendant of vandalism, the prosecution must prove that: The defendant damaged property The property belonged to…
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Public safety unions revealed as 'weak,' 'ugly' in SA mayor's race
Among the big losers in the San Antonio mayor's race won by Ivy Taylor: Police and firefighter unions, who backed Democrat Leticia Van de Putte with over-the-top attack ads aimed at her opponent. From the SA Express-News:Public Safety Associations: The San Antonio Police Officers Association and the San Antonio Professional Firefighters Association spent unseemly gobs of money supporting former state Sen. Leticia Van de Putte and attacking Taylor. With contract negotiations in the balance, the associations had a lot on the line this election. And that was part of the problem: Their support of Van de Putte only made it look like she would have carried their water. Plus, their ugly attacks on Taylor only generated sympathy. And to top it off, they couldn’t deliver the few thousand votes needed to turn the election to their favor, which makes them look weak. Now, oh joy, they get to negotiate with ... Taylor. Loser.
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As Gov Jindal talks up sentencing reform and medical marijuana in Iowa, should we wonder what "The Donald" has to say on these issues?
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The Padlock, the Text Message and Perjury
After a jury empaneled by the Middlesex County Superior Court convicted Roger Beattie of two counts of perjury in violation of 268 Massachusetts General Laws §1, Beattie appealed. Commonwealth v. Beattie, 87 Mass. App. Ct. 1121, 31 N.E.3d 76 (Massachusetts Appeals Court 2015). On appeal, Beattie argued that the trial judge “erroneously denied his motion for required findings of not guilty and limited his closing argument.” Commonwealth v. Beattie, supra. The appellate court began its opinion by explaining how the prosecution arose:On August 27, 2010, [Beattie] lived at 382 Salem Street in Medford with his girlfriend Vera Leder. Several other people rented rooms in the multifamily residence, including Christopher Toppi and Andrea Spears. [Beattie] and a group of people including Toppi spent the evening of August 27 and into the early morning hours of August 28 drinking and socializing around Boston, ending up at Lansdowne Street near…
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Constitution Project gets 130 former judges, prosecutors and law enforcement officials on letter advocating for SSA
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Raj Rajaratnam Argues that Newman and Cooperator Perjury Require Court to Revisit His 11-Year Sentence
Galleon founder Raj Rajaratnam, who was convicted of fourteen counts of securities fraud and conspiracy to commit securities fraud in what he characterizes as “the showpiece” of the government’s “pursuit of insider trading claims against hedge fund managers,” has filed a motion for a writ of habeas corpus. Currently serving an eleven-year prison term, Rajaratnam argues that under U.S. v. Newman, 773 F.3d 438 (2d Cir. 2014), five of those securities fraud counts should be vacated and he should be resentenced. He also asks for a new trial on two more counts because, he says, the government’s main witness perjured himself at trial. Rajaratnam has already failed to get his conviction overturned on appeal or to convince the Supreme Court to grant certiorari review. Nonetheless, he argues that Newman announced a “new substantive rule of law” that applies retroactively to his case. Under this new rule, Rajaratnam contends that he is…
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Quinn on Minors in Municipal Court
Mae C. Quinn (Washington University in Saint Louis - School of Law) has posted In Loco Juvenile Justice: Minors in Munis, Cash from Kids, and Adolescent Pro Se Advocacy – Ferguson and Beyond on SSRN. Here is the abstract: In...
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USEPA Enforcement Priorities
The USEPA does have set priorities for its enforcement programs. If you have ever wondered what they were, here are the current priorities, both nationally and for Region VI. The National Enforcement Initiatives are also the Office of Enforcement and Compliance Assurance’s website: http://www2.epa.gov/enforcement/national-enforcement-initiatives The link will also take you to cases completed for that initiative. Here are the National Enforcement Initiatives: Air - Reducing Air Pollution from the Largest Sources - Cutting Hazardous Air Pollutants Energy Extraction - Ensuring Energy Extraction Activities Comply with Environmental Laws Hazardous Chemicals - Reducing Pollution from Mineral Processing Operations Water…
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Feds Charge 200 With Health Care Fraud
New Attorney General Loretta Lynch today announced a major bust: 200 people nationwide have been charged with fraudulently billing medicare and other related crimes. The total amount of alleged fraud exceeds $700 million. 46 of those charged... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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New Illinois Law Would Grant Amnesty to Underage Drinkers Seeking Medical Help
In Illinois, it is against the law for anyone under the age of 21-years-old to consume, be in possession of, or deliver alcohol. Depending on the nature of the violation – as well as the charging agency – anyone found guilty violating the law faces punishment of receiving an ordinance violation, punishable by a fine, all the way to a Class 4 felony, which can be punishable by one to three years in prison. Under the state’s’ Zero Tolerance policy, anyone under the age of 21 who is found guilty of consuming or possessing alcohol receives an automatic suspension of their driver’s license for three to six months – even if they were not drinking and driving. If a young person is charged with underage drinking, it is important to consult with an attorney regarding defenses to the charge. For example, under the law, if the young person is drinking under the supervision and approval of at least one of their parents, then they cannot be charged with…
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Will Progressives in the U.S. Congress Support Palestinian Children’s Human Rights?
With just hours left before today’s deadline, 13 Members of Congress have now joined the call for Palestinian children’s human rights. Led by U.S. Representative Betty McCollum, these elected officials are signing a letter (PDF) to U.S. Secretary of State John Kerry that urges him to raise the human rights of Palestinian children in his dealings with the Government of Israel. Many – but not all – of the signers are members of the Congressional Progressive Caucus. But many members of the Progressive Caucus have yet to sign the letter. Scroll down to see the list. According to UNICEF (PDF), since 2003, more than 7,000 Palestinian children living in the occupied West Bank have been detained, interrogated, prosecuted, and/or imprisoned within the Israeli military justice system. The UN has separately reported that Israeli forces have been responsible for injuring more than 1,500 Palestinian children there in the span of three years. Call Your…
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News Scan
More Judges Sought for TX Immigration Backlog: The number of Texas-based immigration cases gridlocked in federal courts has increased by 58 percent in less than two years, with a total of 77,000 pending cases. Julian Aguilar of the Texas Tribune reports that a Texas Congressman has proposed securing money for an additional 55 immigration judges to make a dent in the backlog. Texas currently has 31 immigration judges. A member of the House Appropriations Committee predicts that "every court or processing center [in Texas] will go up" when the judges are hired. Shooting Spree Kills 9 at SC Church: The 21-year-old man who opened fire inside of a South Carolina church shortly after 9 PM on Wednesday evening, killing nine people, was captured and arrested in a traffic stop on Thursday over 240 miles away from the crime scene. Fox News reports that Dylann Roof sat in the pews of the Emanuel Episcopal Church, a historic African American…
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Cadillac man faces life in prison for failure to comply charge, habitual offender 4th
6-16-15 Michigan: A 25-year-old Cadillac man could be sentenced to life in prison after he allegedly failed to comply with the sex offender registry act. Randy Paul Morris Jr. was charged recently with failure to comply with the sex offender registry act, second offense, in Wexford County’s 84th District Court. A habitual offender, fourth offense notice was added, which carries a possible life
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A Chance for Obama to Speak Up for Justice
President Obama made some remarks about the Charleston church massacre. They were notable both for what they included and what they omitted.What they included, as reported by the Washington Post, was this: "We don't have all the facts, but we do know that once again innocent people were killed in part because someone who wanted to inflict harm had no trouble getting their hands on a gun," he continued. "Now is the time for mourning and for healing, but let's be clear: At some point, we as a country will have to reckon with the fact that this type of mass violence does not happen in other advanced countries. It doesn't happen in other places with this kind of frequency."Is any of that true? Yes, some of it is. It's true that this is a time for mourning. As for "healing," I don't know what the President means. Human beings do not "heal" from being murdered. I think…
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“Everyone Is Afraid Here” – Dominican Republic’s Looming Crisis of Mass Expulsions
Hundreds of thousands of Haitian migrants and Dominicans of Haitian descent face the risk of deportation from the Dominican Republic after the enforcement of a new immigration law. By Robin Guittard, Caribbean Campaigner at Amnesty International Maritza is a typical young Dominican woman. At 26, she has dreams and hopes like any of her compatriots. She’d like to study and provide a better life for her little girl. Maritza’s dreams are quickly slipping from her grasp. Today, she is scared about her family’s future. Though the Dominican Republic is the only home she has ever known, a quirk in Dominican law means that, as soon as the next couple of days, she could be forced to leave her country for good. I met Maritza this week, on the second day of an ongoing Amnesty International visit to the Dominican Republic. She lives in El Seybo, a region of rolling hills blanketed in lush tropical vegetation in the eastern part of the Caribbean island. Numerous sugarcane…
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Both Lanes of US93 Open South of Shoshone
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: 06/18/2015 1:15 pm Please direct questions to the District Office Both lanes of US93 at mile marker 71, south of Shoshone, are open. More information will be given when it becomes available. ln/kj ********************************************* Idaho State Police is on scene of a crash northbound on US93 at mile marker 71, south of Shoshone. Both lanes of US93 are blocked and are expected to be blocked for an extended amount of time. Traffic is being diverted and motorists are encouraged to avoid the area if possible. ln/kj -------------
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Clough on Cybercrime
Jonathan Clough (Monash University - Faculty of Law) has posted A World of Difference: The Budapest Convention on Cybercrime and the Challenges of Harmonisation ((2014) 40(3) Monash University Law Review 698-736) on SSRN. Here is the abstract: Information and Communications...
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**Final Update** Injury Crash On US93 South Of Shoshone
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: 06/18/2015 1:25pm Please direct questions to the District Office *******Final Update******** On June 18, 2015, at 7:50 am, Idaho State Police investigated an injury crash northbound on US93 at mile marker 71, south of Shoshone. Royce D. Main, 23, of Las Cruces, NM, was traveling northbound on US93 in a 2005 Toyota Tacoma. Ronald K. Schoolcraft, 71, of Richfield was traveling southbound on US93 in a 2008 Freightliner tractor pulling an empty semi trailer. Main attempted to pass another vehicle and struck Schoolcraft's semi truck head on. Upon impact the fuel tank from the semi truck ruptured, burst into flames, and became dislodged to the east side of the roadway.…
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