Shakespeare knew.From Romeo and Juliet, Juliet to Romeo, Capulet to Montague:’Tis but thy name that is my enemy; Thou art thyself though, not a Montague. What’s Montague? it is nor hand, nor foot, Nor arm, nor face, nor any other part 45Belonging to a man. O! be some other name: What’s in a name? that which we call a rose By any other name would smell as sweet.Of course, they both ended up dead. it's perhaps not all that simple.Still, words, names, count.God, after all, named the world into existence (or so claims Genesis). The word, logos (λόγος), calls forth the thing.God said, "Let there be light, and there was light."Which, as I've noted before, is a pretty cool trick.And brings me to Charleston, South Carolina, and what was surely murder whatever else it might be. Ah, but that "whatever else."DOJ is trying to determine whether it was a hate crime or terrorism.…
Words
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"Jury Sentencing and Juveniles: Eighth Amendment Limits and Sixth Amendment Rights"
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Police arrest Jacksonville man for DUI manslaughter and vehicular homicide in 2012 crash
Jacksonville police charged a man this month with various felony DUI charges in connection with a 2012 crash that killed one of his passengers and injured himself and two others. The driver is accused of driving his SUV into a guardrail in December 2012 and then rolling the vehicle several times, according to a report in the Florida Times-Union. The passenger riding in the front seat died days after the crash and the driver and two others in the car were seriously injured. The driver is now charged with vehicular homicide, DUI manslaughter, DUI causing serious injury, DUI with property damage and driving with a suspended license. In many serious Jacksonville DUI Cases were someone is killed or seriously injured, there can be a lengthy delay from the time of the crash until the time charges are filed. But that delay is typically six to nine months, rather than more than two-and-a-half years. Officials from the Florida Department of Law Enforcement told the newspaper the…
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How long is SR-22 Insurance for a Physical Control conviction?
You will be required to have SR-22 Insurance for 3 years on a Physical Control conviction. This is also the same for DUI and Reckless Driving convictions.
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SPECIFIC INTENT TO KILL FOUND BY DALLAS COURT OF APPEALS
The Dallas Court of Appeals earlier this year decided an issue involving the state of mind requirements for capital murder in a case on appeal from a Criminal District Court in Dallas. In capital murder cases an certain other offenses the State of Texas has to bring forward evidence from which a rationale jury could find that the defendant specifically intended to commit the act in question, i.e., to kill the defendant in a capital murder case, not just that the defendant intended to engage in the conduct that caused the victim to die. The Dallas case was charged as a capital murder case before the defendant allegedly killed two people during the same transaction or course of conduct. In the Court of Appeals, the defendant argued that the conviction could not be upheld because he lacked specific to kill one of the victims. With respect to one of the victims, the defendant did not shoot the gun that was the murder weapon more than once. The defendant pursued and shot at the…
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Case o' The Week: Ninth Maps Out New Hearsay Rules - Lizarraga-Tirado, Hearsay, and Machine-Generated Evidence
Consider these tacks with coordinates on a Google Earth map. Notice that one tack is north of the yellow U.S. - Mexico border, and one is south? One of these two tacks isn't hearsay - it was generated by a “machine.” (Google algorithms in a Finnish server farm). The second tack, by contrast, was created on the map by a deliberately untruthful “person.” Fed. R. Evid. 801(a). Can you tell which tack is which? The Ninth can. United States v. Lizarraga-Tirado, 2015 WL 3772772 (9th Cir. June 18, 2015), decision available here. Players: Decision by Judge Kozinski, joined by Judge Graber and D.J. Ponsor. Facts: Lizarraga-Tirado was charged with illegal reentry after being arrested at night near the border. Id. at *1. At trial he disputed he had crossed the border, and argued the agents had arrested him in Mexico. Id. An agent testified that she had documented the GPS coordinates of the arrest on a handheld device. Id.…
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One Vehicle Crash Blocks Interstate for Two Hours
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 6-20-2015 1:20pm Please direct questions to the District Office On Saturday, June 20, 2015, at 10:05 am, the Idaho State Police investigated a one vehicle crash on Interstate 84, near mile marker 33. Korissa Handy, 44 from Gig Harbor, WA, was travelling east on the Interstate in a Dodge Ram pulling a horse trailer. Handy left the roadway and went into the median. The truck and trailer jackknifed. The truck traveled back up the embankment and into the westbound lanes, blocking the left westbound lane. Both Handy and her passenger, Melanie Santos, 31 from Tacoma, WA, were wearing seatbelts. The left lane, westbound, was blocked for approximately 2 hours. The crash is…
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Texas Disciplinary Board: June 11, 2015; Prosecutor Disbarred for Withholding Evidence
Just released.A stinging J & D.http://www.scribd.com/doc/268500006/Sebesta-Disbarment
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Two Vehicle Crash South of Inkom
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: 6/20/2015 2:15 p.m. Please direct questions to the District Office At this time, the Idaho State police is investigating a two vehicle crash southbound on Interstate 15 at the 57 mile marker, south of Inkom. The right lane is blocked at this time. It is advised to avoid the area if possible. Further information will be provided when available. ah/mc -------------
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Connecticut Supreme Court: Brady Violation leads to Murder Conviction Being Overturned
A primer on habeas, Brady, and the standard of review of evidentiary issues.The banter between the Justices in this case is amazing.http://www.jud.state.ct.us/external/supapp/Cases/AROcr/CR316/316CR84.pdf
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Schulhofer on An International Right to Privacy
Stephen Schulhofer (New York University School of Law) has posted An International Right to Privacy? Be Careful What You Wish For on SSRN. Here is the abstract: Nations now have unprecedented capacity to spy on global communication, and yet they...
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Despite statutory repeal, capital defenders say they need to keep representing Nebraska condemned
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*Final* Two vehicle crash on I15 at milepost 57, south of Inkom still blocking right lane of travel
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: 6/20/2015 8:18 p.m. Please direct questions to the District Office ***Final Update*** At this time, all lanes have been opened. ***End of Updates*** SA / BO ***Update**** On June 20 ,2015, at approximately 1:15 p.m., the Idaho State Police investigated a two vehicle crash southbound Interstate 15 at milepost 57, south of Inkom. Wayne Heim, 66, of Sahuarita, AZ, was traveling in 1995 Freightliner. Four Idaho Traffic Safety vehicles were painting the stripes on the roadway in the right lane of travel. Heim collided with the last safety vehicle driven by Mark Killian, 57, of Idaho Falls. Both drivers were wearing seatbelts and were not injured. The right lane has been blocked …
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The Economist explains "how to make America’s penal system less punitive and more effective"
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ISP Pursuit ends with successful apprehension of suspect in Garden City
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 6/21/15 1:05 a.m. Please direct questions to the District Office On June 20, 2015 at approximately 9:15 p.m., an Idaho State Police trooper initiated a traffic stop on a silver Mitsubishi Galant eastbound on Interstate 84 near milepost 41, just west of the Ten Mile Road exit. The vehicle fled. Speeds reached approximately ninety miles per hour. The Pursuit Intervention Technique was utilized as the vehicle threatened to merge onto I-184 in the wrong direction. The Galant was pinned against a cement barrier. The driver fled on foot, and was subsequently taken into custody near the Riverside Hotel in Garden City without incident. The driver was identified as Tyler…
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Two Vehicle Injury Crash on SH33
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 6 1540 Foote Dr. Idaho Falls, Idaho 83402-1828 (208) 525-7377 FAX: (208) 525-7294 For Immediate Release: 06/21/2015 01:24 a.m. Please direct questions to the District Office On June 20, 2015, at approximately 3:55 p.m., Idaho State Police investigated a two vehicle injury crash eastbound State Highway 33 near milepost 109, east of Newdale. Joshua Owens, 20, of Waco, Texas, was traveling east on State Highway 33 in a 2004 Ford Taurus, when he left his lane, crossed the center line, and entered the westbound lane of travel. Owens' vehicle collided with a 2001 GMC Denali, driven by Madeline Fausett, 20, of Missoula, Montana. The westbound lane was blocked for approximately 30 minutes, and the eastbound lane was blocked for 2 hours. Fausett was transported by ground ambulance to…
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Selbstleseverfahren, Band 115
Immer wieder sonntags: Unser juristischer Wochenrückblick im Selbstleseverfahren Foto: PlaceIt.net SMS in der Hauptverhandlung begründen Befangenheit Wie die Medien den Tugçe-Prozess behindert haben NSU-Prozess: Zschäpes Machtspiele im Gerichtssaal 18-Jährige hat Zwangsprostitution frei erfunden Litigation-PR: Was im „verbalen Krieg“ erlaubt ist Ein Kindergarten verliert seine Unschuld Pressefreiheit der Amtsgerichte — Rabaukenjäger und Rabaukenrichter Jede fünfte Straftat von Neonazis ist unpolitisch Kompetenz hilft nicht bei der Karriere Jeder, der heute 3 Jahre Haft in einem gewissen Urteil skandalisiert … Haftung von Forenbetreibern: (k)eine Revolution aus Straßburg — 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. ©…
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Compassionate Communists
Source: The Economist (20 June 2015)http://www.economist.com/news/asia/21654643-party-allows-smidgen-penal-reform-compassionate-communistsONE ordinary farmer, Nguyen Thanh Chan, is now a celebrity in Vietnam. In 2004 he was sentenced to life in prison for the murder of a woman in Nghia Trung, a village north-east of Hanoi, the capital. Yet he was released in 2013 after a neighbour, confronted with evidence, confessed to the crime. Earlier this month the country’s Supreme People’s Court announced that it would pay Mr Chan $360,000—many times what he would earn in a lifetime—as compensation for his nightmare.The day after the announcement Mr Chan welcomed reporters to his one-storey farmhouse. He said that after his arrest police roughed him up and forced him to make a false confession. Had it not been for his wife’s long-shot campaign to clear his name, he might still be rotting in prison.As in China, death-penalty statistics in Vietnam are state…
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Supreme Court issues long-awaited Confrontation Clause ruling in Ohio v. Clark
In a unanimous decision reached by differing concurring opinions, the Supreme Court of the United States finally resolved the question left open by Crawford asking whether statements made to persons other than law enforcement trigger the Confrontation Clause. Publishing its decision in Ohio v. Clark today, the Court unanimously voted that statements made to a teacher at a school program by a child suffering from domestic abuse were not testimonial, and so not barred by the Sixth Amendment Confrontation Clause. The arguments before the court in this case were fierce, as the Court was poised to make a decision that would either limit a defendant's Sixth Amendment right to Confrontation or restrict prosecutions of countless cases involving child abuse. You can click here to view a thorough outline of the facts of this case, the arguments, and the relevant law, in a prior posting on my blog. The Majority decided this case primarily on its unique set of facts in this case,…
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Fear of Towels
Despite the dearth of facts, there are enough to reach an immutable conclusion. Los Angeles police shot a man in the head without justification, no less avoidability. From the LA Times: The man flagged down officers about 6:35 p.m. at Los Feliz Boulevard and Tica Drive south of Griffith Park, according to a police account. “This person extended an arm wrapped in a towel. The officer exited the vehicle and said, ‘Drop the gun, drop the gun,'” LAPD Lt. John Jenal said. Then at least one officer shot the man, officials say. After the shooting, a video was taken of the cops rolling the man over, revealing the gaping wound in his head, in order to cuff him. This aspect, caught on video, has given rise to more, and harsher, criticism than the shooting. The question of why they would risk manhandling someone who took a bullet to the head, and thus needed aid while posing no threat, to cuff him was paramount. The response was…
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