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Texas Murderer Executed:  A Texas murderer was executed Thursday evening for the 2001 murder of a 75-year-old auto repair shop owner.  Michael Graczyk of the AP reports that Gregory Russeau robbed James Syverston at his shop in East Texas, fatally beat him and stole his vehicle before being apprehended at a drug house.  He became the 17th convicted killer to die by lethal injection in the nation this year and the ninth in the state. High Court Reinstates CA Murderer's Death Sentence:  In a 5-4 decision, the U.S. Supreme Court justices reinstated the conviction and death sentence of a California murderer on Thursday, ruling that the defendant was not entitled to argue that prosecutors excluded minority jurors from his 1989 trial.  Sam Hananel of the AP reports that Hector Ayala was sentenced to death for a triple murder that occurred during a drug robbery in San Diego.  The court determined that while there were trial errors, such as the trial…

Racism Deserves A Remedy

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The American flag and the South Carolina state flag were lowered to half-staff at the State Capitol to honor the nine African Americans killed in what surely seems like a racially-motivated terrorist attack at Emanuel African Methodist Episcopal Church in Charleston.  The Confederate flag -- the battle flag of an armed revolt whose aim was to maintain the enslavement of the South's black population; the flag of white supremacists who sought to violently control that population after the revolt failed; the flag of the perpetrator of these killings -- continues to fly unfettered at its peak in front of the Confederate Soldiers Monument on Capitol grounds.  What a perfect metaphor for the dogged persistence of racism in this country.  President Obama noted that "the fact that this took place in a black church obviously ... raises questions about a dark part of our history. This is not the first time that black…

Charleston, South Carolina

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The other night a 21 year old white male shot up a church and killed 9 people, all of whom were black.  Reports soon followed that depicted the shooter as a white supremacist.  He favored decorative license plates bearing confederate flags and is said to have expressed concern about black men raping white women as a reason for why he felt compelled to shoot up a black church. It is not surprising an event like this has happened.  If a shooting spree can happen in an elementary school attended by mostly white children it can surely happen in a historically black church.   The Sandy Hook shooting is the new normal so they say.  Until something fundamental changes in the way the country regulates firearms or commits violence in the name of its citizens events like last night’s shooting only bring us one step closer to another Sandy Hook-like massacre, except this next one will be even more horrific. But what do you expect from  a country…

New York Close to Passing Bill Requiring Sex Crimes to Show Up on Academic Transcripts

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This is an absolute disaster, and is nothing more than stalking the student. Somehow it seems this violates laws governing higher education; someone needs to do the research.6-19-15 New York: Gov. Andrew Cuomo (D-N.Y.) and the state's lawmakers have announced an agreement on a bill that would require the inclusion of students' sexual assault violations on their transcripts. Titled "Enough is

Split Eleventh Circuit panel discusses reasonableness review at great length

What if I was in a bus accident, partial fault was mine? Can I still file a claim?

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Most states bar you from filing a claim for damages against another party if your percentage of fault was more than the other party's. In both Pennsylvania and New Jersey, this is true. However, if you were in a bus accident, partial fault being yours (less than 50 percent) then you still have the right to seek damages from your mass transit accident.Types of Bus Accident InjuriesBus accident injuries vary widely in form, and may affect any area of the body. For example, a slip and fall injury could cause damage to any of the following.BonesThe faceThe headInternal organs On the other hand, an injury resulting from an assault may cause more superficial injury types, like bruising.Other times, a bus accident injury may occur from the bus hitting another vehicle or coming to a stop (or taking off) too abruptly. When this occurs, a passenger may be thrust forward or backward unexpectedly and violently, causing whiplash, broken bones, and more.Parties Who May Be Held…

Dornin: Pay $50 a Year Forever ... Or Maybe Not

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6-19-15 New Hampshire: HB 587 would have abolished the annual fee former sex offenders pay to be listed in the state's online database. Lawmakers killed a good crime bill this year. Citizens for Criminal Justice Reform wrote and recruited sponsors for HB 587, which would have abolished the $50 annual “fee” the state charges citizens to register as former sexual offenders, often for the rest of

Tips for Bus Stop Safety

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Whether you’re an adult who frequently uses the bus for commuting purposes or a parent who has a child who rides the bus; bus safety is critical. But the actual bus ride isn’t the only important component of security; safe practices while waiting for the bus is equally essential. Here are some tips for bus stop safety.Keep a Safe DistanceWhether you’re an adult or a child waiting for a bus, keeping a safe distance from the road is key. Not only will waiting back from the road ensure that the bus driver sees you, but it will also give you plenty of room to move out of the way if there’s a dangerous driver on the road. Most recommendations for distance are at least ten feet from the curb or five giant-sized steps. As the bus driver approaches, wave or makes eye contact to ensure safety.Put Away DistractionsDistractions may be dangerous when waiting for a bus, especially if too close to the curb. Always put away any distractions—like a cell phone or…

Colorado Court Rules that Colorado Workers Can Be Fired Smoking Marijuana

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This is a case that was discussed in the New York Times this week.  While I agree with the ruling of the court, I am not going to get into a conversation about the use of medical marijuana.  Speaking for me and my blog, smoking marijuana is still illegal according to the Federal Statutes. The government cannot pick and choose which statutes it chooses to prosecute based on a particular state.  For instance, what if people in Mississippi decided that they enjoyed making homemade crystal meth and voted to make it legal in the state?  Would the federal government allow people all over Mississippi to have crystal meth labs in their homes?  I seriously doubt it. Colorado has embraced selling marijuana and has made it legal.  The good news is if you still believe in the court of law, the court has said that employees can be fired for lighting up marijuana on Friday night.  The court ruled in a unanimous verdict on Monday.  The case was based on…

A Kings Car Accident Lawyer...cont

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The plaintiff has failed to proffer competent medical evidence that he sustained a medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person's usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment. At his deposition, the plaintiff acknowledged that he missed less than 90 days of work as a result of the subject motor vehicle accident; specifically, he acknowledged that he missed seven to eight weeks from work. To establish this prong of the statute, plaintiff's doctor would have had to inform him that he could not return to work-that is the prerequisite for a medically determined injury. There is no such evidence in any of his medical reports. The important element in establishing injury under the 90/180 day category is that the…

Hindering Prosecution

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Was someone you know suspected of committing a felony crime? Did you knowingly prevent the apprehension of this suspect? Under Arizona law, when a person renders assistance to another party who is suspected of committing a felony, this person may be charged with hindering prosecution.   Some examples of rendering assistance are: harboring or concealing the other person; warning the other person of impending discovery, apprehension, or prosecution; providing the other person with money, transportation, a weapon or a disguise; preventing or obstructing by means of force, deception or intimidation anyone from performing an act that might aid in the discovery, apprehension or prosecution of the other person. There are different degrees of hindering prosecution. You can read more on the laws on hindering prosecution, see A.R.S. §13-2510, §13-2511, and §13-2512.   Being charged with hindering prosecution can end with a severe penalty. If you or anyone…

//blawgsearch75.rssing.com/chan-6519914/article12512-live.html

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[Ed. note -- The Arizona FPD handled the trial and capital sentencing proceedings that are the subject of the IAC claims in this case.  In an effort to avoid a perception of bias, I'm summarizing both the majority and dissenting opinions more closely than I otherwise would.  This case was a hard-fought battle by Deputy Federal Public Defenders Gia Kim and Jonathan Aminoff of the Central District of California.]Mitchell v. United States, No. 11-99003 (Silverman with Wardlaw; partial dissent by Reinhardt)--- A divided panel of the Ninth Circuit affirmed the denial of a § 2255 post-conviction motion filed by a federal death-row prisoner, holding that defense counsels' guilt- and penalty-phase strategies were the product of professionally reasonable investigations under Strickland v. Washington, 466 U.S. 668 (1984).As murders go, these were gruesome ones -- the 20-year-old petitioner and his 16-year-old codefendant carjacked a 63-year-old woman and her…

NEW WEBSITE

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Welcome to the Dade County Clerk's Website. Using the website is fun and easy! Please follow these simple directions: (sanskrit) Please copy and enter the following imageThen this image:Then just quickly solve the following:Now you are ready for your search. Thank you for your patronage. It's our goal to make using our website fun and easy. Please quickly divide 1098736 /17 and post the answer to continue.    Site Feed

Confrontation Clause Not Applied to Child Hearsay Statements

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Under Florida Statute 90.803(23) Florida courts may allow a witness other than the child testify as to what type of sexual abuse a child may have told them occurred under certain circumstances. In other words, an alleged sex crime child victim sixteen years of age or less does not have to testify at an accused's trial as to the specific allegations of abuse. Florida statutes allow that the alleged testimony of the child alleging sexual abuse may be admitted through the testimony of witnesses who claim to have heard the child make statements about being sexually abused. The trial court must hold a hearing to determine if the statement was made under "reliable" circumstances. If the court finds that the child's out of court statement is reliable the witness may testify if the child testifies or is unavailable. "Unavailable" is defined as a finding by the trial court that the child's participation in the trial or proceedings would result in…

Confrontation Clause Not Applied to Child Hearsay Statements

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Under Florida Statute 90.803(23) Florida courts may allow a witness other than the child testify as to what type of sexual abuse a child may have told them occurred under certain circumstances. In other words, an alleged sex crime child victim sixteen years of age or less does not have to testify at an accused's trial as to the specific allegations of abuse. Florida statutes allow that the alleged testimony of the child alleging sexual abuse may be admitted through the testimony of witnesses who claim to have heard the child make statements about being sexually abused. The trial court must hold a hearing to determine if the statement was made under "reliable" circumstances. If the court finds that the child's out of court statement is reliable the witness may testify if the child testifies or is unavailable. "Unavailable" is defined as a finding by the trial court that the child's participation in the trial or proceedings would result in…

Reason and AUSA Niketh Velamoor’s Unreasonable Reaction

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Memo to United States Attorney’s offices across the nation: The AUSAs in the Southern District of New York, the one in Manhattan, think they’re better than you.  They are the elite, the best, the smartest, the toughest. They will not be questioned. They will not Reason. Since Ken White at Popehat revealed that libertarian website Reason received a subpoena for every bit of information they could conceivably offer about certain commenters, it’s come back to an AUSA in the Southern District of New York, a kid named Niketh Velamoor, who found his way to the office through the usual Harvard law, judicial clerkship, biglaw seat-warming, path. Ken first did the lawyerly, and right, thing by calling Niketh before publishing the subpoena, lest he somehow impair a serious investigation that didn’t appear on the surface of the flamingly idiotic subpoena.  It was the proper thing to do.  Just because the investigation appears…

Justice Thomas’ Box

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As noted in the New York Times’ editorial, Justice Anthony Kennedy seized the opportunity to write a concurring opinion in Davis v. Ayala to go a bit orthogonal.  The case was a habeas corpus review of the defendant’s Batson challenges, the prosecution having used its peremptory strikes to cleanse the jury of dark skin. But that wasn’t the issue in the case. The issue was that in justifying the use of challenges to rid the jury box of anyone remotely close to the defendant’s life experiences, the prosecutor was allowed to make his pitch privately to the judge so as not to reveal his secret, masterful strategy.  Of course, this meant the defense was flagrantly denied due process, but some things must give way if the prosecution is to be assured of a win. The Supreme held that the offending conduct was harmless error, because the defendant was GUILTY, GUILTY, GUILTY. No harm, no foul. Move along, nothing to see here. But while agreeing with this…

State Rep. Batinick makes emotional pitch for “Stephanie’s Law”

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6-20-15 Illinois: PRINGFIELD, IL - State Rep. Mark Batinick (R-Plainfield) has teamed up with State Sen. Jennifer Bertino-Tarrant (D-Shorewood) to expand the state’s Sex Offender Registry. Batinick has introduced House Bill 2548, known as “Stephanie’s Law,” which would give judges the discretionary authority to require that individuals convicted of battery register as sex offenders if it is

Birthing the Declaration of Independence: Part Three Virginia Comes First

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The celebration of American Independence Day on the Fourth of July has come to include parades, barbecues and fireworks.  The celebrations would do well to include discussions of how the Declaration of Independence came to be. Part Three of the Birthing of the Declaration of Independence looks at Jefferson’s state of mind following a meeting […]

New Florida Hit-and-Run Proof Standard Creates Prosecutor Challenges

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Defense attorneys for a Dania Beach cab driver had always insisted he was innocent of the fatal hit-and-run of a homeless man. Prosecutors nabbed the wrong man, and the evidence pointed to a perpetrator still on-the-loose. However, Broward State Attorney's Office leaders insist they have the right man. The problem, they say, is the new precedent set by the Florida Supreme Court in Florida v. Dorsett, which shifts the standard of proof in hit-and-run cases when it comes to knowledge that someone has been hit. Before Dorsett, prosecutors needed only to show accused knew or should have known he or she had struck someone. But now, they must prove the accused's knowledge of this fact beyond a reasonable doubt. Here, they say, they simply couldn't meet this proof burden. According to news reports of the case, the former taxi driver was alleged to have killed a 62-year-old homeless man, who was allegedly laying intoxicated in a southbound lane of a highway in Dania…
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