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SCOTUS Rules Constitution Requires Marriage Equality
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Is Cruise Control a Defense for Virginia Reckless Driving?
No. Virginia requires that you are in control of your vehicle and you can be punished for whatever you do behind the wheel, however you’re controlling it. The simple fact that you had cruise control set when you are accused of reckless driving by speed in Virginia does not relieve you from responsibility for the offense. What many people claim when they have cruise control set is that the cruise was set at a level below than what the officer claims they were going. This may very well be true that you had your cruise set at a level less than the speed the officer claims you were doing. The problem is that there is no way to prove that you are actually only going that speed at the time when the officer clocked you with his radar laser device. What happens to some folks is that they’re driving along with cruise set on let’s say 69 on the interstate, which is a kind of reasonable speed. It’s still speeding, but it’s reasonable, and then you might…
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U.S. Supreme Court Rules in Favor of National Recognition for Same-Sex Marriage
On the morning of June 26, 2015, the United States Supreme Court made a landmark 5-4 ruling in favor of legalizing same-sex marriage in all 50 states. The historic ruling supersedes states’ rights not to recognize gay marriage, which the Supreme Court found to be unconstitutional in violation of the Fourteenth Amendment. Family law lawyer Andrew Stewart explains what led up to the ruling. Supreme Court Rules in Favor of Same-Sex Marriage Nationwide In the majority opinion, Justice Anthony Kennedy wrote, “The court now holds that same-sex couples may exercise the fundamental right to marry. No longer may this liberty be denied to them.” Justice Kennedy added further, “It would misunderstand these men and women to say they disrespect the idea of marriage. Their plea is that they do respect it, respect it so deeply that they seek to find its fulfillment for themselves. Their hope is not to be condemned to live in loneliness, excluded from…
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Coker & Macquoid on Intimate Partner Violence
Donna Coker and Ahjane Macquoid (University of Miami School of Law and Independent) have posted Alternative U.S. Responses to Intimate Partner Violence (in COMPARATIVE APPROACHES TO DOMESTIC VIOLENCE (Rashmi Goel and Leigh Goodmark eds. 2015) Oxford University Press, Forthcoming) on...
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DUI Suspect Wrecks Maserati, Offers To Kiss Officer’s Feet
A Florida man is facing DUI charges after causing $40,500 worth of damages after crashing his Maserati into two other vehicles and a utility pole. The man, 35-year old Gobind Singh allegedly admitted to drinking two beers and a shot of vodka before driving and asked the kiss the responding officer’s feet. Singh was already due in court on Tuesday for a 2013 DUI crash and is not facing three more counts of DUI in addition to damage of property charges. The post DUI Suspect Wrecks Maserati, Offers To Kiss Officer’s Feet appeared first on Maryland DUI Lawyer | DWI Attorney | Blog.
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Background on the Weidert Case
Those who read the entry about the Weidert case in today's News Scan may wonder why Weidert was not sentenced to life without parole. After all, isn't killing a witness to a crime to prevent his testimony "special circumstance" murder in California?This case was decided in the darkest days of the California Supreme Court. See People v. Weidert, 39 Cal.3d 836, 705 P.2d 380 (1985). Cal. Supreme in those days bent over backward to resolve every conceivable issue -- and some inconceivable ones -- in favor of murderers. Weidert was 17 1/2 at the time of the crime, and the court held that the circumstance of killing a witness to prevent his testimony in a criminal proceeding did not apply to a person who at least initially would have been in juvenile court for the underlying burglary.CJLF filed an amicus brief to argue against this anomalous result. (Not me, that was before my time here.) Justice Lucas agreed with our position,…
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Best of Brand New: Soko at Amoeba: Sylvan and Esso at Amoeba
Soko's one of my favorite. And, she makes some great picks at the world's greatest record store. "Ocean of Tears" video is currently on my heavy rotate schedule.And another great episode. Sylvan and Esso
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Moohr on White Collar Movies
Geraldine Szott Moohr (University of Houston Law Center) has posted White Collar Movies and Why They Matter (Texas Review of Entertainment & Sports Law (2015 Forthcoming)) on SSRN. Here is the abstract: This article discusses how movies about white collar...
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WHO DO YOU LOVE, BABY? IT DON'T MATTER!!
In a decision, much closer than I thought it would be, SCOTUS has reversed the 6th Circuit and made marriage a union between two adults, no matter what their sexual orientation. Showing no faith in the political process, as they exhibited yesterday in King v. Burwell, the majority, spearheaded by Justice Kennedy, made marriage a fundamental right protected by the 14th Amendment.Using precedents regarding marriage equality (specifically interracial marriage) the Court made it clear that gay couples are entitled to the same protections as any other citizens who are in legally recognized unions. The majority indicated that to do otherwise relegates those couples, and the families they create, to second-class citizenship and the 14th won't tolerate that.However, it is not complete. The majority, in need of Kennedy's vote, had to agree to language that echoes the Hobby Lobby case. Essentially, if a person can establish that they have a firm…
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Update-Injury Crash US91 near Blackfoot
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: 06/26/15 10:45 p.m. Please direct questions to the District Office ***Final Update*** On June 26, 2015, at approximately 4:20 p.m., the Idaho State Police investigated a two- vehicle, injury crash northbound US91 at milepost 96.5, south of Blackfoot. Sheila Studebaker, 55, of Pocatello, was traveling southbound on US91 in a 1993 Jeep Cherokee. Ma Sanchez, 44, of Blackfoot, was exiting the Sage Hill Casino in a 2001 Ford Pickup when she failed to yield to traffic on US91. Studebaker's vehicle struck Sanchez's vehicle. Studebaker was transported by ground ambulance to Bingham Memorial. Both Studebaker and Sanchez were wearing seatbelts. This crash is under…
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Can I Modify an Existing Family Court Order?
Yes, you can modify an existing family court order. To do so, you must file what the Maine courts call a "Motion to Modify a Family Law Judgment," and there will be requirements that must be met prior to filing your motion in order to ensure a successful outcome. Maine law states that the primary requirement for a requested change to parental rights and responsibilities must be a "substantial change" in your ability to fulfill the active judgment. Because Maine considers the needs of the children first, it is their best interest - not yours - that will be taken into consideration, and if your life change is not substantial, the court will likely reject your motion. Examples of substantial life changes that would require a modification to your current family law judgment include a significant change in your or your ex-spouse's income, generally an increase or decrease of 15 percent or more; a change in your schedule that requires adjustment to visitation…
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It depends on what the meaning of the word "is" is
For the last couple of days, I've been attending the annual conference of Reform Sex Offender Laws. RSOL brings together lawyers, scholars, activists, sex offenders and, especially, the unrecognized victims of the crimes of sex offenders, their families, to teach and learn and talk about how to do better. RSOL isn't trying to get sex offenses made legal, doesn't condone sex with children. It's not saying rapists shouldn't be punished or child pornography should be freely available. It wants to reform, not abolish. But it knows that much of what the media tells us about those who commit sex offenses is wrong. And that the boogeyman we're told to fear, really, the hundreds of thousands of them, are no more real than Jason.It's not that there aren't folks who do, who have done, monstrous things. It's not that there aren't some dangerous people out there. It's that people who've done monstrous…
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Fatal Crash 5800 Clagstone Road, Spirit Lake
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 ONE CASE # C15001289 --------------------- PRESS RELEASE ----------------------------- DATE: June 26, 2015 TIME: 6:35 PM LOCATION: 5800 Block Clagstone Road, Spirit Lake ASSISTING AGENCIES: Bonner County Sheriff's Office VEHICLE #1 ------------- DRIVER Thornton, Jack B AGE 56 ADDRESS Hayden, Idaho INJURIES? - Fatal HOSPITAL/LOCATION TAKEN Sherman Knapp Funeral Home VEHICLE YEAR 1999 VEHICLE MAKE Jeep VEHICLE MODEL Grand Cherokee WRECKER Professional Towing …
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To Serve Man; Not Just A Cookbook
On the twitters the other day, a discussion broke out (to the extent discussions break out on the twitters) over whether non-lawyer staff in law firms should be referred to as “non-lawyers” or something else. Bob Ambrogi valiantly defended the honor and feelings of those diminished by the language, while others, lawyers, kicked sand in his face. The source of the problem was a post by former Orrick chairman, Ralph Baxter. It is time to stop using the term “non-lawyer” to refer to everyone who works in legal service who has not passed the bar exam. This may seem like a minor issue to some, but it is not. In fact, it reflects an outlook that impedes the ability of our profession to make the changes we need to make. Why? Baxter never actually explains, but rather launches into a feelz anecdote, followed by more vague feelz rhetoric. And this is the guy who ran a law firm. Why do we do it in law? I can’t think of a good answer. In part, it is…
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But For Video: Infant Edition
According to SEPTA, which runs the Philadelphia subway, children under four ride free with a fare paying adult. But that doesn’t mean there are questions, challenges, heinous criminals trying to sneak in the occasional four year, one month child and rob SEPTA blind. From Shaun King at the Daily Kos: Originally posted on Facebook earlier Friday morning by Irize Refined Earth, this video shows a young father, carrying his infant daughter, being arrested by Philadelphia police. Witnesses state that it was all because he didn’t pay a far for his daughter, but policy there states kids under 4 are free. See how people just can’t see the problem with those munchkins bent on destroying society by feigning four or under status? You pay for their larcenous ways. Well, maybe not you, but someone does. And so the brave protectors of subway fares lept into action. Not that it was enough for the small, but growing, group of law…
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A Bleg: How’s Fault Lines Doing?
It’s almost one month since the birth of Fault Lines. After a few days, then another week, I tried to whet yer appetite by providing links here to the stuff being done there by writers Ken Womble, Tamara Tabo, Greg Prickett and Cristian Farias, plus the guest post by Ron Kuby and Allan Brenner. So here’s my bleg: What do you think? Have you read FL? If not, why not? If so, what can we do better, what are we doing well and what are we doing poorly? What do we suck at? Is Fault Lines doing whatever you want it to do for your, or is it falling short. To make it the best it can be, I need to know what you really think. Be brutal. Just don’t hurt my feelings. Too much. Copyright © 2015 Simple Justice NY, LLC This feed is for personal, non-commercial and Newstex use only. The use of this feed anywhere else violates copyright. If this content is not in your news reader, it means the page you are viewing infringes copyright. (Digital…
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How Does Alimony Work in Maine?
Many people wrongfully attach a negative connotation to alimony. Spousal support, as it's called in Maine, is an important part of any divorce proceeding. This type of support is designed to ensure that a spouse is capable of continuing to provide for her or himself during and after the dissolution of the marriage. High profile divorce cases, where one spouse of a wealthy couple is awarded millions of dollars in alimony encourage the stigma often associated with spousal support. Imagine you've been a stay-at-home mom for the last 18 years. You've just been told by your husband that he wants a divorce. He's the primary breadwinner; you've never been in the work force. How will you pay for your necessities? Spousal Support Types There are different types of spousal support in accordance with Maine law, and each takes into account different considerations. For example, if one spouse possesses greater income-earning potential than the other spouse does, the…
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I feel like a turtle, on its back, in the middle of the road!
Two weeks to go – and then another six or so to sanity. This is the way it goes every time I prepare for a big trial. I try to not let it get me but it always does. And my compadres at the office, my blushing bride of nearly forty years, and anyone who happens to get in my way as I rush from one “must do” to the next. Run! Uh… I can’t run. I am a turtle on my back in the middle of the road and that is a line of cars (let’s go with Porsches) headed at me full speed! That parade of 911s is actually the government, ready to roll over me and try to crush my client. Maybe. Or maybe not. As always this is just another opportunity. But I have decided to stay here today. In McCall. With my wife, my life and my computer. And a bunch of really tall Ponderosa Pines that whisper “stay here, don’t go.” I am not going down to bake in the valley … until tomorrow. Two weeks. In other news, our office has joined with Ron Simon…
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Lansingburgh arson: Trio charged with murder
6-27-15 New York: Tyler Smith, Abbey Slaga and David Stanley face to be arraigned next week A grand jury investigating a Lansingburgh arson has determined the crime caused the death of an 82-year-old woman who was rescued but died nearly a month later. Three people currently charged with arson in connection to the May 1 blaze were indicted Friday on first- and second-degree murder, arson,
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Official: Lightning may have killed 25-year-old man on Port Orange roof
6-27-15 New Jersey: PORT ORANGE — A 25-year-old man working on a roof was killed Friday, and witnesses say they believe lightning may have struck the victim, according to a city official. Steven Lee Gang of Orange City was working on a roof in the Water’s Edge subdivision of southern Port Orange when he was possibly struck about 4:30 p.m. Friday, said Ken Burgman, deputy director of Port Orange
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