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EDÖB: neue Ausgabe von „datum“ veröffentlicht

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Am 25. Juni 2015 veröffentlichte der EDÖB eine neue Ausgabe seines Newsletters „datum“. Darin werden u.a. folgende Themen behandelt:Kinder im Netz: Erziehung zur digitalen Selbstbestimmung (mit Links zu weiterführenden Informationen)Tipps des EDÖB zum Schutz der Privatsphäre von Kindern und JugendlichenLehrmittel des EDÖB für die Mittel- und OberstufeJugend & Medien: Nationales Programm zur Förderung von MedienkompetenzenSicherheit in sozialen Netzwerken (Schweizerische Kriminalprävention)Heimliche Überwachung der eigenen KinderSmart-TVs - Spione in den eigenen vier WändenNeue Erläuterungen zu Bring Your Own Device (vgl. auch Lawblogswitzerland.ch vom 14.06.2015)Tipps zum Schutz der Privatsphäre im InternetMichal Cichockihttp://www.lawblogswitzerland.ch

Amend Virginia Possession of Marijuana to Drug Paraphernalia

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Basically, it’s done, if it’s done, it will be done by agreement. This an issue that you really need to have a defense counsel for to try to work out that agreement to try to save your license and get the charge amended from possession of marijuana to possession of paraphernalia. Contact me today to discuss your case. © marketing for Andrew Flusche, 2015. | Permalink | No comment | Add to del.icio.us Post tags: Feed enhanced by Better Feed from Ozh The post Amend Virginia Possession of Marijuana to Drug Paraphernalia appeared first on Andrew Flusche.

Supreme Court Upholds Obama's Health Care Act

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In a 6-3 decision, the Supreme Court today upheld the Affordable Choices Act. The opinion in King v. Burwell is here. The 6-to-3 ruling means that it is all but certain that the Affordable Care Act will survive after Mr. Obama leaves office in... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Woman who claimed self defense in fatal stabbing near Bullitt County rest stop now charged with murder

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6-25-15 Kentucky: LOUISVILLE, Ky. (WDRB) -- A California woman told investigators she fatally stabbed a man in self defense near a Bullitt County rest stop last week, but police now say it was murder. Shepherdsville police held a press conference Thursday morning to discuss the case. Nicole Skyberg, 26 is accused of stabbing 45-year-old Aaron Jerrell on Saturday. Officers found Jerrell's body

What are some causes of train accidents?

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There are dozens of causes of train accidents. From animals on the track to broken rails and malfunctioning signals, train accidents do happen. This is not a claim that the industry wants to announce, however when mass transit accidents happen like the Amtrak derailment in Philadelphia, then it bears consideration.When a train accident occurs, finding the cause of the crash is a core part of filing a claim. Some of the most common causes of train accidents in the U.S. are below.Broken RailsAccording to a May 2015 article published in Scientific American, which cites data from the Federal Railroad Administration, broken rails and welds are a leading cause of train derailments, and therefore accidents.In fact, broken rails account for more than 15 percent of train derailments in the U.S. The second and third most likely causes of train derailments are track geometry and bearing failure.Train Drivers’ Dangerous ActionsA train conductor has little control over broken rails.…

Supreme Court Upholds Use of Disparate Impact in FHA Claims

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In a decision certain to have major repercussions for the banking industry, the Supreme Court on Thursday upheld the use of disparate impact theories of liability – that is, suits that claim a law or practice has a discriminatory effect, even absent showing of any discriminatory intent – under the Fair Housing Act, which prohibits various forms of discrimination in housing.  In a 5-4 decision authored by Justice Anthony Kennedy, the court upheld a court of appeals decision in a case alleging that the Texas Department of Housing and Community Affairs had contributed to “segregated housing patterns by allocating too many tax credits to housing in predominantly black inner-city areas and too few in predominantly white suburban neighborhoods.”  The Supreme Court’s decision approved the approach to the issue taken by the courts of appeals, which had uniformly endorsed the disparate impact theory. Although long advocated by consumer groups,…

Touching Someone Inappropriately on Subway or Bus to Come With One Year Jail Sentence for New Yorkers

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6-25-15 New York: Miscellaneous "sexual contact" goes from Class B to Class A misdemeanor when it takes place on train or bus. Last week, the New York state legislature passed a bill enhancing the penalties for inappropriate touching "on a bus, train, or subway car." Under the new rule, which has not yet been signed by Gov. Andrew Cuomo, anyone convicted may be fined $1,000 and sentenced to one

Silver Spring Man Sentenced For DUI After 9 Years On The Run

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A Maryland resident responsible for the death of a retired policeman in 2006 was finally sentenced Wednesday after spending the last nine years on the run. Wilfred Olalo received the maximum sentence and is set to serve 3 years and 60 days for the crash in addition to potentially another 5 years for skipping bond. Olalo was ordered in 2006 to surrender his passport, after pleading guilty to two charges related to the crash, but instead used it to flee to Kenya. The post Silver Spring Man Sentenced For DUI After 9 Years On The Run appeared first on Maryland DUI Lawyer | DWI Attorney | Blog.

Children Rescued in Ontario Operation Northern Spotlight’s Fight Against Human Trafficking

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Joy Smith, Member of Parliament for Kildonan/St. Paul, Ontario tweeted the success of Operation Northern Spotlight. Below is the Toronto Police Department’s press release: “On Wednesday, June 17, 2015, and Thursday, June 18, 2015, as part of Operation Northern Spotlight, members of the Toronto Police Service and 20 other police services pre-arranged to meet with people suspected of partaking in the sex trade, potentially against their will, at urban locations across Ontario. During the coordinated investigations over the two-day period, police charged two people with 41 offences. Police were also able to ensure the safety of six females who had been working in the sex trade as a minor or against their will, including one 14-year-old, three 15-year-olds, a 16-year-old and a 19-year-old. Ninety officers and support staff combined to interview 122 people, including 110 women and offered them information and contacts with community-based support agencies. Charges…

The Police Do Not Need Radar Evidence To Prove Speeding

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  People whom receive New York speeding tickets often enthusiastically call our office when they believe that the police officer who ticketed them for speeding did so without the use of a radar or other mechanical speed measuring device. While radar or mechanical evidence of speed is useful for the prosecution and persuasive upon a finder of fact, it is not indispensable. Rather, what is required is NOT electronic, radar, laser, or mechanical evidence of speed, but the police officer’s expert testimony of visual estimation of speed. See, People v. Olsen, 22 N.Y.2nd 230 (1968). In Olsen the only evidence of speed were 2 police officer’s visual estimation uncorroborated by any mechanical device. The Court of Appeals in Olsen held that expert opinion evidence of speed is required to prove speeding, and is admissible so long as the witness shows training and experience in estimating the rate of speed of moving objects. Consequently, before an…

Michigan Lawmakers Consider Compensating Exonerees

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Michigan is one of 20 states in the country that does not provide compensation to people who have been exonerated of wrongful convictions, but a new proposed bill may soon change that. According to an article published on Thursday in the Times Herald, legislators there are considering passing the Wrongful Imprisonment Compensation Act, HB 4536, which would provide $60,000 for each year of imprisonment. In addition to monetary compensation, HB4536 would also pay “economic damages including lost wages, attorney fees, actual medical expenses related to imprisonment, reasonable attorney fees in an action to obtain compensation, and reimbursement of any amount awarded and collected under the state correctional facility reimbursement act,” reports the Herald. The bill has certain caveats, however, which could restrict eligibility for future exonerees. For example, exonerees will have to bring an action against the Court of Claims within three years of the reversal of…

Private Investigator Hired Hackers To Obtain User Names Passwords for Emails of People He Was Investigating. Being Sentenced Today For One Count of Federal Conspiracy to Commit Computer Hacking

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Anyone tempted to hire an investigator to obtain access to another’s emails or hacks into someone else’s email should know that it is a federal crime. In addition, just because you see hacking services “advertised” on the Internet or in email solicitations do not mean that they are legal. Today, June 26, 2015, federal prosecutors are expected to seek a prison sentence of up to six months for a licensed private investigator in New York City, Eric Saldarriaga, 41, who admitted to hacking into emails on behalf of his clients. Mr. Saldarriaga, age 41, pleaded guilty on March 6 before U.S. District Judge Richard J. Sullivan to one count of conspiracy to commit computer hacking, paid an unidentified overseas firm to secure the login credentials and passwords for the email accounts he wanted access to without permission. Like many federal cases, the facts occurred years ago. In the plea agreement, Mr. Saldarriaga admitted that over six years ago,…

They are Black, They are Poor, and They are Stateless

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Tens of thousands of people of Haitian and other foreign descent have been deprived of their Dominican nationality and are now at risk of being expelled from their home country. (c)Amnesty International Marselha: Do you have any questions for me? Woman: Can you help me get this child a birth certificate? Marselha: Unfortunately I cannot, but I can tell your story. I heard that question some dozen times in the interval of less than three days as I interviewed mothers whose children were born and raised in the Dominican Republic and were refused their birth certificates. I am in the Dominican Republic as part of an Amnesty International mission as the country faces a human rights crisis. We are here to monitor if stateless individuals are being expelled to Haiti as deportation of undocumented migrants resumed June 18. What’s the crisis? Tens of thousands of people are at risk of being forced to leave the country, following a 2013 Constitutional Court ruling to…

Jailhouse Phones are Tapped. Watch What You Say

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When the family members or friends of an inmate accept a jailhouse call, they will likely have to acknowledge a recording stating that the call is being recorded. There are also usually signs by the phones in the jail informing inmates that their calls are being recorded. The only calls that remain private are between inmates and their attorneys. Despite the warning, inmates often talk about their cases over the phone, sometimes even incriminating themselves. Even though attorney-client conversations are privileged, they sometimes are recorded or even monitored live. One such case took place in New York. A prosecutor submitted a recording of an inmate’s conversation with his attorney from a jail call.1 In another case, Baltimore County prosecutors used a recording of an inmate’s call to his ex-girlfriend to present what the judge called “overwhelming, damning evidence of [the inmate’s] guilt.”2 Prosecutors have long been using recorded phone calls…

Russell on Jury Sentencing and Juveniles

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Sarah French Russell (Quinnipiac University School of Law) has posted Jury Sentencing and Juveniles: Eighth Amendment Limits and Sixth Amendment Rights (Boston College Law Review, Vol. 56, p. 553, 2015) on SSRN. Here is the abstract: Across the country, states...

6 Lies That Are Told on June 26

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Every year on June 26th, we stand with victims and survivors of torture for a day of action that is marked globally. Often, the U.S. president issues a statement or makes a speech, pledging support for the eradication of torture. This year, as we witness evasion and inaction from the Justice Department about its failure to hold anyone accountable for CIA torture, we can’t let it pass: there are too many holes, too many hypocrisies, and too many lies in these U.S. government commitments. Here are 6 broken promises from U.S. presidents – and 6 reasons you should take action today. Join demonstrations nationwide or make a call to the Justice Department: help heal the wounds of torture survivors. June 26, 2003 “The United States is committed to the world-wide elimination of torture and we are leading this fight by example… Nowhere should the midnight knock foreshadow a nightmare of state-commissioned crime. The suffering of torture victims must end, and the…

7 Indicted in California Short Sale Fraud

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Mortgage Fraud Blog. A federal grand jury returned a 15-count indictment against seven individuals, charging them with conspiracy to commit mail fraud and bank fraud, mail fraud and aiding and abetting, and making false statements to a bank in a mortgage fraud scheme. Jyoteshna Karan, 43, Modesto, California; Praveen Singh, 36, Modesto, California; and Mahendra Prasad, 53, Fremont, California, were arrested June 26, 2015 at their homes. The remaining defendants each received a summons to appear for arraignment: Phul Singh, 79, Modesto, California; Sunita Singh, 60, Modesto, California, Nani Isaac, 69, Ceres, California; and Martin Bahrami, 42, Turlock, California. According to court documents, the defendants conspired to defraud mortgage lending companies and financial institutions by making false statements on loan applications and short-sale applications in order to obtain properties under their names and the names of others. The false statements…

I was struck by bus while walking. Can I sue the bus company?

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Being struck by bus can result in very severe and permanent injuries, ranging from head injuries to broken bones to paralysis. If a bus has struck you while you were walking, we hope that your injuries aren’t that severe.If they are, we want to help you get your full damages amount for a mass transit accident. Here’s what you need to know about whether or not you have the right to sue the bus company.Was the bus driver doing something negligent at the time of the crash? The first thing that you should establish is whether or not the bus driver was doing something negligent at the date of the accident. If he or she was ---and if the bus driver is an employee of the bus company—then you most likely have the right to file a lawsuit.Examples of bus driver negligence may include running a stop sign or speeding, although the list is extensive. There are other elements you may need to consider, such as, what if another driver caused the bus accident?Where were you…

News Scan

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High Court Strikes Down 'Vague' Part of Career Criminal Law:  Part of a law intended to keep violent repeat criminals in prison longer was struck down Friday by the Supreme Court in a ruling which states that the law's catchall phrase is too vague.  The AP reports that the Armed Career Criminal Act includes burglary, arson, extortion and the use of explosives as past crimes that can lead to a longer sentence, but then adds a crime that "otherwise involves conduct that presents a serious potential risk of physical injury to another."  Six justices agreed that the phrase was unconstitutional, determining that defendant Samuel James Johnson's prior convictions, which added five additional years to his 2012 sentence in which he pleaded guilty to federal weapons charges, does not qualify as a felony under the law. Drug Smugglers Using the Skies:  Small, homemade planes flown  by drug smugglers have twice dropped bales of…

Donley County 2nd Degree Money Laundering Reduced to Misdemeanor and Money Returned

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Mr. Lowe’s client was stopped by DPS Trooper Danny Nunez and later prosecuted by District Attorney Luke Inman of the 100th Judicial District of Texas (Carson County, Donley County, Hall County, Collingsworth County and Childress County).  Trooper Nunez is one of the most prolific Drug Interdiction Police Officers in the State of Texas.  Trooper Nunez is assigned to handle drug interdiction highway traffic investigation mostly inside Carson, Donley, Hall, Collingsworth and Childress Counties Texas. District Attorney Luke Inman is also one of the top drug interdiction prosecutors in the State of Texas.  The 100th Judicial District dedicates a substantial portion of its law enforcement resources to investigating and prosecuting the drug and drug money laundering transportation through West Texas.  Many cases involve Marijuana trafficked from California or Colorado into Texas.  This district also specializes in interdicting large cash payments made to…
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