In a way, it is fitting that July 4th is the big celebration of American – United States – freedom. As ConstitutionFacts.com notes: July 4, 1776 wasn’t the day that the Continental Congress decided to declare independence (they did that on July 2, 1776). It wasn’t the day we started the American Revolution either (that had happened back in April 1775). And it wasn’t the day Thomas Jefferson wrote the first draft of the Declaration of Independence (that was in June 1776). Or the date on which the Declaration was delivered to Great Britain (that didn’t happen until November 1776). Or the date it was signed (that was August 2, 1776). So what, the article asks, actually did happen on July 4, 1776? The final draft of a writing was approved by the Continental Congress. Paperwork. The clarification, and enshrinement – no doubt some hoped “for all time” – of what the newborn nation was all about. All that the Declaration…
Celebrating the Fourth
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After their sentences are complete, sexually violent predators are allowed to register as 'homeless'
7-4-15 Colorado: DENVER - A recently released sexually violent predator registered his Denver address as "homeless," which turns out to be a common occurrence. Earlier this week, Denver police posted a community notification on YouTube and Facebook about the release of --. He registered his address as the 1100 block of Park Avenue West, which is near Park Avenue West and Broadway. That location
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Supreme Court OK’s Intermittently Working Lethal Injection Drug
Earlier this week the United States Supreme Court upheld a ruling allowing the use of Midazolam, a drug that causes deep unconsciousness in those sentenced to death by lethal injection. Subsequent to Midazolam, a second and third injection are administered to cause paralysis and cardiac arrest respectively. Midazolam was the common agent in at least three botched executions over the past several years. Three death row inmates petitioned the court, claiming that executions in which this drug is administered violate the 8th Amendment’s ban on cruel and unusual punishment because it cannot reliably cause a deep, coma-like unconsciousness. The ruling fell 5-4, with Justice Sotomayor penning the dissent. However, the most controversial dissent was led by Justice Breyer, in which he asks for further briefing on “whether the death penalty violates the constitution.” Justice Scalia sarcastically lashed back, welcoming readers to “Groundhog Day,” and…
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Herr & Romanosky on Cyber Crime
Trey Herr and Sasha Romanosky (George Washington University - Department of Political Science and Carnegie Mellon University - Heinz College of Information Systems and Public Policy) have posted Cyber Crime: Security Under Scarce Resources (American Foreign Policy Council Defense Technology...
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Fourth of July DUI Checkpoints: Enjoy Your Drinks, Just Don’t Drive Afterward
This weekend is a holiday, which means there’ll be barbeques, parties, fun, beer…and DUI checkpoints. What Are DUI Checkpoints? A DUI checkpoint is a station where law enforcement will pull over every vehicle on the road. The officers speak with each driver, and if the driver smells like drugs or alcohol, that individual is escorted from the vehicle and further tested via roadside or chemical field testing. DUI checkpoints are always temporary, and they are set up at times and in places where police suspect that they will find drunk drivers. In the Denver, Colorado, area, DUI checkpoints were responsible for over 70 arrests during a recent July 4th holiday. Are DUI Checkpoints Constitutional? The U.S. Supreme Court says that checkpoints are legal because each driver is brought in and checked quickly for signs of drinking/drugging and driving. Sober drivers are released quickly. There is no Fourth Amendment violation, because the…
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The issue in this case is whether plaintiff is entitled for damages
A Kings Construction Accident Lawyer said that, by notice of motion filed on January 6, 2011, defendant moves pursuant to CPLR 3212 for an order granting summary judgment in his favor on the issue of liability and dismissing plaintiff's complaint. Plaintiff opposes the defendant's motion. On February 6, 2009, plaintiff filed a summons and verified complaint with the Kings County Clerk's Office. Defendant joined issue with a verified answer dated May 1, 2009. On November 8, 2010, a note of issue was filed. A Kings Slip and Fall Lawyer said that, the instant action is for damages for personal injury sustained in a trip and fall incident. Plaintiff's verified complaint and bill of particulars alleges, among other things, that on September 2, 2008, she tripped, fell and injured herself on a dangerous and defective condition in the sidewalk in front of a building owned by the defendant (hereafter "the subject sidewalk") located in Kings County, New…
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Case o' The Week: Crawford and Kozinski, a Patriotic Pair - Esparaza and Testimonial Evidence
Nothing more patriotic for the Fourth of July than a case upholding core constitutional rights (and a remarkable article advocating for greater justice in our system of criminal law and procedure).United States v. Esparza, 2015 WL 3938093 (9thCir. June 29, 2015), decision available here.Players: Decision by Judge Nguyen, joined by Judge Schroeder and DJ Zouhary. Big win for AFD Kent D. Young, Federal Defenders of San Diego, Inc. Hon. Judge Jacqueline NguyenFacts: Driving a Chevy, Esparza was stopped at a border checkpoint. Id. The registered car owner was “Diana Hernandez.” Id. Over fifty kilos of marijuana were found in hidden compartments in the car. Id. The Border Patrol sent Hernandez a notice that the car had been seized because of the drug stop. Id. A month later, Hernandez sent the DMV a “release of liability” form and a signed statement claiming that she had sold the car to Esparza before the stop. Id. at *2. At trial, the government…
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Riedel Reappointed to the Public Defender Commission
Santa Fe New Mexican and Las Cruces Sun-News reporting the matter.Here is Sun-News article.http://www.lcsun-news.com/las_cruces-news/ci_28433378/gov-martinez-reappoints-las-cruces-prosecutor-public-defender
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Suffolk County Traffic Violations Bureau sued in Class Action Lawsuit alleging violation of the Civil Rights of Motorists defending charges before the Court
In an unprecedented lawsuit, the Law Firm of Christopher J. Cassar, Esq., located at 13 East Carver Street, Huntington Village, New York 11743, phone number (631) 271-6596 has commenced a multi count federal class action lawsuit in the Eastern District of New York under Index Number 15-3097 against the Suffolk County Traffic Violations Bureau, alleging wide spread and systemic civil rights violations against motorists whom are called before the court on charges of speeding and other vehicle and traffic moving and non-moving violations. The allegations are explosive, shocking, and troubling, and calls into question the core requirement of a court and judiciary, objectivity. The lawsuit alleges violations of the 4th, 6th, 5th and 14th Amendment to the US Constitution. These constitutional provisions protect against unreasonable search and seizures, protect against double jeopardy in being tried twice for the same infraction, ensure…
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Löschung ungerechtfertigter Betreibungen
Nach heutigem Recht kann eine Betreibung eingeleitet werden, ohne dass vorgängig kontrolliert wird, ob überhaupt eine Forderung besteht (Art. 67 SchKG). Gemäss einer Medienmitteilung vom 1. Juli 2015 sieht der Bundesrat zwei mögliche Wege um solch ungerechtfertigte Betreibungen rasch aus dem Betreibungsregister zu löschen.Die nationalrätliche Rechtskommission (RK-N) hat einen Entwurf ausgearbeitet, welcher die Einführung eines neuen Rechtsbehelfs vorsieht. Damit soll die Mitteilung von Betreibungen an Dritte unter bestimmten Umständen verhindert werden können. In der Vernehmlassung wurden allerdings gewisse Punkte kritisiert, so dass der Bundesrat dem nationalrätlichen Entwurf eine mögliche Alternative gegenüberstellt. Betreibungen, gegen die sich die betriebene Person mittels Rechtsvorschlag wehrt, sollen auf Gesuch hin nicht mehr im Auszug erscheinen.Der Bundesrat ist der Auffassung, dass beide Vorschläge die…
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Egypt Bans Reporters' Use Of ISIS Terminology
Egypt's Foreign Ministry has issued a new style guide for media coverage of terrorism. It bans the use of the words "ISIS, ISIL or Islamic State." It instructs reporters not to use any religious based terms when referring to terrorist groups,... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Update on a June 10 blog post -- defendant offered a deal, went to trial and was acquitted
You can find the updated post here. It includes a link to a relatively detailed news story about the trial and the acquittal. The defendant was offered a very good plea deal, but turned it down, went to trial and won. It's a good example of the proposition that a charge is just that . . . guilt does not exist, legally, unless and until someone has pled guilty or been convicted by a jury (or by a judge in a bench trial).
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Reflections on the Fourth (and Fifth) of July, thank you Justices Ginsburg, Sotomayor, Kagan, Kennedy, and yes Justice Scalia
In this blog, I want to weave a couple of strands of thought together here on the Fourth and Fifth of July, as I complete the 2015 update for the 8th edition of my Maryland DUI Law. As defense lawyers, we are trained to look for the good facts in our cases, and the good traits of our clients, so that we may use the good to persuade judges and juries at trial, and judges at sentencing. What we find is that there are very few people that are all good or all bad. At the same time many of us, through one path or another, end up advocating on particular issues. The issues we may end up being most involved with are not necessarily the most noble, but with so many issues and so little time, we must pick and choose. Two issues that I am particularly proud of having had the opportunity to argue for are Fourth Amendment issues, the constitutional right to be free from unreasonable and/or illegal searches and seizures, and the Sixth Amendment right of confrontation, guaranteeing…
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Unreasonable, Disparate Punishments for Federal Hydrocodone Cases Coming Soon
In 3400 B.C., opium poppy was cultivated in the lower Mesopotamia. It was called the “joy plant” by the Sumerians. Opium through the centuries has been hailed, and used, as a cure to pain. The famed English physician Thomas Sydenham, called the “Shakespeare of Medicine,” refined the drug that became a staple in Americans’ medicine cabinets: Laudanum – two ounces of opium, 1 ounce of saffron, a drachm of cinnamon, and cloves dissolved in a pint of Canary wine. Laudanum would become one of the many pain-killing opiate derivatives of opium. Today the most common opiates, or opioids, are heroin, morphine, oxycodone, hydrocodone, and methadone. With the exception of heroin, each of these pain-killing drugs is legal by prescription. In December 1995, the FDA approved OxyContin as an opiate derivative of oxycodone, and while other pain-killers like Percocet and Percodan contain oxycodone, it is the only ingredient in OxyContin, making the drug far…
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Dieting with Dignity
In my short lifetime (they’re all short, when it comes down to it), I was taught that eating eggs was bad for you. Then it wasn’t. I was taught that you should eat a low-fat, low-carbohydrate diet to live a healthy lifestyle. Protein only. Eat like a caveman. Then I was taught that you shouldn’t do that. Lucky Strike – a popular brand of cigarettes when I was a kid – once ran an ad offering themselves up as a dietary aid. Lucky Strike Diet For some people, it actually works, although it’s usually the chemotherapy that does it. The upshot of this is that during my lifetime, a lot of things were bad for you before they weren’t – although sometimes they were good for you, before they weren’t. Most young people are still old enough to recognize that this isn’t limited to food. Homosexuality was bad for you. Then it wasn’t. Go back far enough in history, and to the right geopolitical domains, and it was actually good…
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New York Times reviews juve problems with modern sex-offender laws
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OK - Kidnapped by DHS
The following was sent to us via the "Tell Us Your Story" form and posted with the users permission. By Jeff Wendel: The Oklahoma Department of Human Services has taken my 2 step-children from my wife and I because of a 1999 Conviction of a sex offense with a minor child. I believe this is a civil liberties issue. They are telling my wife that she is depriving the children of safety because of my past. They have removed them from the home and placed them into emergency custody. There are no... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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WI - HELP! I dont know what to do anymore.
The following was sent to us via the "Tell Us Your Story" form and posted with the users permission. By Dilly: At age 20, in Wisconsin (St. Croix county) I received a misdemeanor 4th Degree sexual conviction for having relations with 16 YR old who lied about her age. We dated for about 2 months and I had no earthly idea!! I was told I will not have to register as an offender at all. I later moved back to my hometown in Texas. After a routine traffic stop, I was told if I had a warrant in... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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"A Reassessment of Common Law Protections for 'Idiots'"
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SC - WHERE LOOKS AND LIES CAN TAKE YOU
The following was sent to us via the "Tell Us Your Story" form and posted with the users permission. By Charles Farabee: I'm Charles Farabee, and I'm a sex offender in South Carolina. I moved to Clinton South Carolina in 1996 from Thomasville North Carolina. Now before I moved to South Carolina I never been in any serious trouble with the law period. With me being a new face of the Clinton South Carolina population I met new people, new friends & new relatives. In 1998 I dealt with 2 girls... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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