Beginning tomorrow, mopeds must be registered with the Division of Motor Vehicles to be lawfully operated on the state’s roadways. This post addresses several questions that have arisen regarding this new requirement. What’s a moped? A moped is “[a] vehicle that has two or three wheels, no external shifting device, and a motor that does […]
It’s Time to Register Your Moped
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News Scan
Parole Blocked for Killer of CA Man Buried Alive: California Gov. Jerry Brown has blocked parole for the man responsible for the murder of a developmentally delayed man in 1980, who was beaten and buried alive. Don Thompson of the AP reports that Brown ignored a state panel recommendation for 52-year-old David Weidert's parole, deeming him too dangerous to be released. Initially sentenced to life without parole, an appeals court reduced Weidert's sentence in 1984 to 25 years to life with the chance of parole after striking down two special circumstances. Unmonitored, Undocumented Sex Offenders Roam Freely: Eleven convicted sex offenders living in the country illegally are residing in several western Washington neighborhoods without being monitored by authorities. KIRO 7 reports that despite efforts to deport them, a Supreme Court ruling requires them to be released from custody if their home countries refuse to take them back. U.S.…
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Temporary Driving Permit After DUI in Florida
How to Receive a Temporary Driving Permit after a DUI in Florida. In Florida, a person arrested for a DUI must face two separate cases: an administrative case and a criminal court case. While most people are familiar with the criminal consequences a DUI brings, there is also an important administrative process dealing with the person’s driver license. When someone is arrested on suspicion of DUI, the arresting officer will normally take the driver’s license, which results in an immediate suspension of driving privileges. If the driver takes a breath test, and fails, the driver’s license will be suspended for 6 months. If you refuse a chemical test (such as a blood, breath or urine test) for the first time, the driver’s license will be suspended for one year. If the driver has previously refused a chemical test the suspension lasts 18 months. What happens after you are released from jail? Once the driver is released, he or she should receive a traffic…
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If you are eager to gorge on Glossip gossip...
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Your Rights. Your Lawyer.
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Plea Deals and ‘Double Jeopardy’ in West Virginia Drug Cases – State v. Ferrell
A plea deal can be an effective tool for a person facing significant criminal charges, often allowing the person to plead guilty to lesser crimes and reduce the potential impact of a conviction. As a recent case out of the West Virginia Supreme Court shows, however, a person considering a plea deal should be completely aware of what pleading guilty to certain charges means. Mr. Ferrell was arrested in March 2013 and charged with six separate felonies related to his alleged operation of a clandestine drug lab. Among the charges, Ferrell was accused of manufacturing methamphetamine, exposing children to methamphetamine manufacturing, and possession of methamphetamine. Before trial on the charges, prosecutors offered to drop all six felonies if Ferrell agreed to plead guilty to two misdemeanor counts of possessing a controlled substance. The first charge related to methamphetamine and the second related to hydrocodone. Each carried a maximum sentence of six months behind bars.…
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Might Pope Francis shame Prez Obama into doing more about mass incarceration?
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Glossip and Restarting Executions in California
The outcome of the much-covered case, highlighted in articles here and here, filed by several death row inmates in Oklahoma holds great significance for the future of California's death penalty system. In a 5-4 decision on Monday, the U.S. Supreme Court ruled on the case of Glossip v. Gross, determining that the sedative midazolam can be used in executions without violating the Eighth Amendment prohibition of cruel and unusual punishment. Gov. Jerry Brown's administration now has 120 days to propose a new lethal injection method, as stipulated with families of murder victims in a recent settlement. The ruling will fortunately create greater challenges for death penalty opponents and death row inmates, but a resumption of executions is not without obstacles: -State law requires extensive public comment on a new execution method, including mandatory administrative procedures and hearings, a lengthy process that could take a year. -Opponents of the…
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Second Lawsuit Filed Against Jenner for Fatal Car Accident
A second lawsuit has been filed in connection with a fatal four-car crash in Malibu on Pacific Coast Highway. The February accident resulted in the death of Kim Howe, whose family has already filed a wrongful death lawsuit. The chain …The post Second Lawsuit Filed Against Jenner for Fatal Car Accident appeared first on Colorado Springs Accident Attorney | Quality Legal.
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Massachusetts Supreme Court Announces ‘Parental Privilege’ in Child Spanking Case
In a recent appeal from the defendant’s conviction for assault & battery for spanking his child, the Massachusetts Supreme Judicial Court ruled that the father should have been permitted to assert at trial the ‘parental privilege’ defense. See Commonwealth v. Dorvil. In this case, the defendant was charged and convicted with assault & battery for spanking his daughter, who was almost three years old at the time. At trial, the defendant argued that the evidence against him was insufficient to convict him for the crime of assault & battery because, as a parent, he had a privilege to use force in order to discipline his minor child. The Appeals Court first considered the issue and denied his appeal. The Massachusetts Supreme Judicial Court thereafter considered the issue and reversed his conviction. By definition, the crime of assault & battery is the intentional and “unjustified” use of force on the person…
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Reviewing the energies and intricacies involved in Clemency Project 2014
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A Brief Overview of the Most Important Parts of a New York State Traffic Ticket
New York State does not make their speeding and traffic tickets simple and easy to understand and digest, yet it is important to understand the content of your ticket since many of your rights and obligations are contained therein. Inasmuch as a complete and detailed explanation of all forms and sections of the NYS Traffic Tickets(s) can be found by clicking on this link, this blog post is designed to only highlight the most important parts of the ticket you need to immediately digest so that you can converse about the matter with our attorneys for a free phone consultation. Identification of motorist and Vehicle You will find the section that identifies the motorist and the vehicle driven on the top of all hand written tickets and on the upper left side of all computer printed tickets. It identifies the motorist and vehicle by the same pedigree information that is on the license and registration you gave the police officer. Identification of the…
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Ohio marijuana reform story getting even more dynamic and constitutionally complex
Regular readers know that I have been flagging Ohio as a state to watch closely in for the distinctive and dynamic marijuana reform discussions and debates taking place in the Buckeye State. This new report from Time with the latest news on the latest developments highlights why I now have...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/YPkbgyAM5YU" height="1" width="1" alt=""/>
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Mom Charged With DUI After Hit-And-Run, Four Children In Car
Adrienne Young, 32, was charged with DUI on June 26 for allegedly committing a hit-and-run in Hendersonville, TN after taking opioid pills while driving with her four children. Young currently faces seven total charges, of which includes a second DUI. According to police records, Young began to cry after the officer informed of what the next steps are since she failed to perform a field sobriety test. Her four children that were involved in the wreckage are unharmed. Young is scheduled to appear in court on July 22. The post Mom Charged With DUI After Hit-And-Run, Four Children In Car appeared first on Maryland DUI Lawyer | DWI Attorney | Blog.
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"Anti-Death Penalty Activists Are Winning The Fundraising Battle In Nebraska"
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Wednesday Open Thread
Here's a new open thread, all topics welcome. [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Exoneree Glenn Ford Dies at 65; Stood as a Symbol of Louisiana’s Injustice toward the Innocent
Glenn Ford, who was exonerated of murder early last year, passed away on Monday at the age of 65. A New Orleans judged ruled in March 2014 that new evidence revealed that Ford wasn’t at the scene of a 1983 robbery and murder for which he was wrongly convicted and served nearly 30 years in solitary confinement on death row. The Shreveport Times reports that Ford was diagnosed with lung cancer shortly after his release from prison. The tragedy of Ford’s case has been two-fold; not only was he denied three decades of freedom, but the last year of his life was spent challenging the state of Louisiana for compensation as he was battling Stage 4 lung cancer. In March, Innocence Project New Orleans Attorney Kristin Wenstrom filed a compensation claim on behalf of Ford, which highlighted not only the state’s responsibility to compensate Ford for his wrongful imprisonment, but also his dire financial situation which was exacerbated by his medical condition. In an…
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Is it a crime for a county clerk to refuse a marriage license to same sex couples?
Now that gays are guaranteed the right to marry and protected by the US Constitution, would it be illegal for a county clerk to refuse to offer a gay couple a marriage license? Has Ken Paxton (our admitted felon AG) opened up county clerks across the State to criminal liability with his letter advising them they can not provide marriage licenses to same-sex couples? Let’s look at the Official Oppression statute for a minute. It’s TPC 39.03 (so no rule of lenity here). I’m going to add some emphasis. Sec. 39.03. OFFICIAL OPPRESSION. (a) A public servant acting under color of his office or employment commits an offense if he: (1) intentionally subjects another to mistreatment or to arrest, detention, search, seizure, dispossession, assessment, or lien that he knows is unlawful;(2) intentionally denies or impedes another in the exercise or enjoyment of any right, privilege, power, or immunity, knowing his conduct is unlawful; or (3) intentionally subjects another…
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Heyman on Clinging to the Common Law
Michael Heyman (The John Marshall Law School) has posted Clinging to the Common Law in an Age of Statutes: Criminal Law in the States (Minnesota Law Review, Vol. 99, No. 2, 2014) on SSRN. Here is the abstract: Statutes and...
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News Scan
NYPD on High Alert for Terror Attack: The Tri-State area is on hyper-alert for the threat of a terror attack during the Fourth of July holiday as the Islamic State (ISIS) continues to actively radicalize people in the area and orders their followers to "kill the enemy" during the Ramadan holiday. CBS New York reports that five people have been arrested in New York and New Jersey recently on terror-related charges, the latest being 23-year-old Alaa Saadeh, who is believed to be part of a group planning to detonate a pressure cooker bomb at a New York landmark. The Department of Homeland Security has ordered the NYPD and 18,000 other law enforcement agencies across the nation to be "especially vigilant and prepared." Bill Aims to Stop Illegal Immigrant 'Catch and Release' Practices: Congressman Matt Salmon has introduced a bill that aims to halt criminal alien "catch and release" practices, in response to the…
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