Prescription drug abuse among Salt Lake City residents is a growing trend that can have criminal and even deadly consequences. Slippery slope Many cases of prescription drug abuse in Salt Lake City may be due to addicts looking for a quick high. However a large amount of prescription drug abuse often starts as physical dependency […] The post Salt Lake City Prescription Drug Abuse appeared first on Salt Lake Criminal Defense.
Salt Lake City Prescription Drug Abuse
↧
↧
"Lost in the Weeds of Pot Law: The Role of Legal Ethics in the Movement to Legalize Marijuana"
The title of this post is the title of this notable law review article by Helia Garrido Hull recently posted to SSRN. Here is the abstract: Every day attorneys face ethical dilemmas in trying to meet client needs while complying with professional rules of conduct. Perhaps nowhere is the risk...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/FpwyPnhYZgA" height="1" width="1" alt=""/>
↧
Smith on Sexual Violence Against Boys in Custody
Brenda V. Smith (American University - Washington College of Law) has posted Boys, Rape and Masculinity: Reclaiming Boys’ Narratives of Sexual Violence in Custody (North Carolina Law Review, Vol. 93, 2015) on SSRN. Here is the abstract: This article examines...
↧
SEX ON THE BEACH
30 Months was the sentence for two counts of L&L for a 40 year old man who had sex on the beach with his 20 year old girlfriend.Jose Caballero, aged 40 and his girlfriend, Elissa Alvarez-veinte, were both convicted of lewd and lascivious behavior. The couple had sex, conked out, woke up, and went at it again. The beach was populated, and the couple was filmed by multiple individuals. Alvarez was sentenced to CTS while Caballero, who had priors, got 30 months. 30 months!! Are you freaking kidding us? When did Florida become Texas? Sex. Between two consenting adults. 30 months. They should give this guy a medal for reasons we are precluded from saying lest we be accused of being insensitive to issues of gender and …something else. We're in trouble for some insensitivity, we just forgot what it was. Anyway, the Gawker article is here. 30 months. In prison. For sex between two consenting adults. Beam us up Scotty,…
↧
Stolzenberg & Lyon on Questioning Children in Sex Abuse Cases
Stacia N. Stolzenberg and Thomas D. Lyon (Arizona State University (ASU) - School of Criminology & Criminal Justice and University of Southern California - Gould School of Law) have posted “Where Were Your Clothes?” Eliciting Descriptions of Clothing Placement from...
↧
↧
A Procedural Quagmire
Over at Fault Lines (and if you haven't been going to Fault Lines, you should start), Christian Farias has a post on the constitutional difficulty of getting the Supreme Court to declare the death penalty unconstitutional. The problem is a constitutional conflict. Chief Justice Warren's plurality opinion in Trop v. Dulles holds that the 8th Amendment's prohibition of "cruel and unusual punishments" must draw its meaning from the evolving standards of decency that mark the progress of a maturing society.Those evolving standards are where constitutional abolitionists try to make their stand. But the 5th Amendment specifically authorizes capital prosecutions and executions.No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public…
↧
"HRW to US: Adopt new criminal justice reform bill"
Jurist has the story. In part: Human Rights Watch (HRW) [advocacy website] on Thursday said that the SAFE Justice Act, a US criminal justice reform bill introduced in June, could better protect prisoners' rights and increase fairness in federal prison...
↧
Violation of Government Contract Does Not Give Rise to False Claim Where Government Knows of Violation and Continues to Pay Claims
Dear Readers:I commend to you the recent False Claims Act case of U.S. ex rel Thomas v. Black and Veatch Special Projects Corp., 2015 WL 3570661 (D. Kan. June 5, 2015). The Court granted summary judgment in favor of the defendant, a government contractor, who contracted with the United States Agency for International Development ("USAID") to provide services and support for power projects in Kandahar, Afghanistan. In a common sense ruling, the Court found that defendant did not falsely certify its compliance with the provisions of the USAID contract because USAID continued to make numerous contract payments to the defendant even after it both learned of the defendant's failure to comply with one of the contract's provisions and was served with a copy of the qui tam complaint together with relators' disclosure of material evidence.The USAID contract provided for defendant to submit invoices every two weeks to the USAID, which in turn,…
↧
"Juvenile Sentencing in Illinois: Addressing The Supreme Court Trend Away from Harsh Punishments for Juvenile Offenders"
↧
↧
Sheriff Proposes More Probation to Relieve Overcrowding at Salt Lake County Jail
It’s no secret that overcrowding is a widespread problem throughout many of America’s jails and prisons. According to the International Centre for for Prison Studies, U.S. correctional facilities house about a quarter of the world’s inmates – even though the national population represents only 4% of the global population. With chronic overcrowding at Utah’s Salt Lake County Jail now reaching near-catastrophic levels, Salt Lake County Sheriff Jim Winder is urging local law enforcement to stop booking low-level misdemeanor suspects. SLC Sheriff: “We’ve Been Overcrowded for 15 Years” Like innumerable counties across the country, Salt Lake County struggles with perpetual overcrowding inside its jails and prisons. As archived government records make amply clear, the problem has been growing for decades. A Detention Study Committee Report presented by the Utah Commission on Criminal and Juvenile Justice as early…
↧
Four Arrested in Smithfield Township Drug Bust
On Thursday, July 2, four people were arrested after a search warrant was executed at a residence in Smithfield Township. The search warrant resulted from an investigation that started in 2014, and was executed by Pennsylvania State Police in conjunction with the Monroe County District Attorney’s Office and Monroe County Children and Youth Services, along with Monroe County Domestic Relations. The four individuals arrested include 48-year-old Denise Miluszewski and her son, 28-year-old William Miluszewski, 45-year-old Richard Leepin, and 29-year-old Donna Wynings. Denise Miluszewski was reportedly in a rehab facility for an alleged heroin addiction when investigators learned that her son, William, was “running” the drug business while she was in rehab last year. Three young children lived at the address where the search warrant was executed; all have been placed in foster care. Investigators began watching William’s travels in which he allegedly picked…
↧
Subway pitchman and his "Jared Foundation" subject to serious child porn investigation
↧
McMahon on Retrials after Acquittal and Double Jeopardy
Marilyn McMahon (Deakin University) has posted Retrials of Persons Acquitted of Indictable Offences in England and Australia: Exceptions to the Rule Against Double Jeopardy ((2014) 38 Criminal Law Journal 159-184) on SSRN. Here is the abstract: The rule against double...
↧
↧
U.S. Supreme Court Rules that Child Hearsay Statements Not Subject to Confrontation Clause
On June 18, 2015, the United States Supreme Court handed down its opinion in Ohio v. Clark, 13-1352 (June 18, 2015), holding that a trial court’s admission of out-of-court statements that a three-year-old child made to his teacher ddid not violate the defendant’s right to cross-examine the child regarding the statements according to the Sixth Amendment of the United States Constitution. Known as the Confrontation Clause, this principle outlines a number of rights for defendants in criminal proceedings, including the right to confront their accusers. This rule has many complexities, particularly when it comes to the admission of hearsay, which is an out-of-court statement offered for the truth of the matter asserted. In a 2004 case, the United States Supreme Court clarified the scope of this rule, holding that a defendant had the right to cross-examine an individual regarding out-of-court statements when those statements are testimonial…
↧
What’s In a (Trade) Name?
Today, the court of appeals reversed a defendant’s drug convictions because the indictments identified the controlled substances in question using terms that are widely used to describe the drugs, but that are neither the chemical names listed in the controlled substance schedules nor – according to the court – “trade names” for the drugs. Because […]
↧
2015.60: Another Day, Another Lawyer Ego Scam
I’ll admit it: I sometimes envy guys like Steve Fairlie a bit. Meet Steve Fairlie of North Wales, Pennsylvania. Steve is: A “National Trial Lawyers Association” (the Givens boys of Dothan, Alabama) “Top 100 Trial Lawyer”; A “National Academy of Criminal Defense Attorneys” (Oklahoma City) “Top 10″; A National Advocacy for DUI Defense (“NAFDD”?) (Steven Glazer of Flagstaff, Arizona) “Superior DUI Attorney”; and An “American Society of Legal Advocates” (Edwin Sawyer Neely of Sayles | Werbner, and Joel Israel, formerly of that firm, in Dallas, Texas) “Top 100 Lawyer.” But it isn’t these meaningless “honors,” unrecognized by our peers and valuable only as far as they can be dishonestly sold to potential clients as meaningful, that make me envy Steve. Rather, I envy Fairlie because, recognizing that other lawyers like him would pay to have their egos stroked, he…
↧
Two injured in crash on US 26 near mile post 343.
Injures 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: 7/7/15 - 3:30 pm Please direct questions to the District Office On Tuesday, July 7th, 2015, at approximately 11:00 am, Idaho State Police investigated an injury crash on US Highway 26 at mile marker 343, near Idaho Falls. Theodore Chastain, 85, of Yuba City, CA, driving a recreational vehicle and towing a boat, attempted to perform a U-turn from eastbound to westbound US26 near mile marker 343. Chastain's vehicle was struck by Steven Moomey, 67, of Wilson, WY, who was driving westbound a 2015 Chevy pickup. Theodore Chastain, and his passenger Kathryn Chastain, 82, of Yuba City, CA as well as Steven Moomey and his passenger Shirley Moome, 62, of Wilson, WY, were all…
↧
↧
Texas Attorney General is Investigated over First-Degree Felony Claim
Texas’ Attorney General Ken Paxton could face first-degree felony charges after admitting a civil violation, according to reports. The Dallas Morning News has reported on how a special prosecutor is to ask a Collin County grand jury to indict Paxton on first-degree felony charges of violating state securities law. The report quoted Kent Schaffer, a Houston defense attorney, who said ... Read More The post Texas Attorney General is Investigated over First-Degree Felony Claim appeared first on .
↧
News Scan
6-Time Deportee Charged in Felony Hit-and-Run: An illegal immigrant that was deported six times has been charged in the felony hit-and-run of an Arizona mother and her two young children. Brandon Darby of Breitbart reports that Manuel Perez-Vasquez admitted to being high on marijuana at the time of the accident, which caused severe lacerations to the woman's five-year-old son. Both children, the other aged two, were hospitalized following the accident. Border Reports Back Trump's Claims: After presidential candidate Donald Trump's remarks on illegal immigrants during the announcement of his candidacy sparked public outrage and criticism, reports from the U.S. Border Patrol show that his statements, while blunt, are "not inherently wrong." Ben Graham of MRC TV reports that according to Border Patrol's records, there have been 40 cases of sexual abuse by illegal immigrants this year, many of which involve children and…
↧
2015.61: Unlawful Disclosure or Promotion of Intimate Visual Material
Texas’s new revenge-porn statute, Texas Penal Code Section 21.16, is effective 9/1/2015. It’s unconstitutional (content-based restriction on speech, and no recognized exception applies), but it’s “only” a class A misdemeanor, so defendants will be less motivated to take the time and spend the money to hire me to fight it, and lawyers taking their cases will be less motivated to seek my help: Sec. 21.16. UNLAWFUL DISCLOSURE OR PROMOTION OF INTIMATE VISUAL MATERIAL. (a) In this section: (1) “Intimate parts” means the naked genitals, pubic area, anus, buttocks, or female nipple of a person. (2) “Promote” means to procure, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise or to offer or agree to do any of the above. (3) “Sexual conduct” means sexual contact, actual or simulated sexual intercourse, deviate…
↧
More Pages to Explore .....
