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Oklahoma Innocence Project Files for Post-Conviction Relief for Tulsa Man

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The Oklahoma Innocence Project is taking steps to free a man they say was wrongfully convicted of a murder which occurred outside a Tulsa strip club in December of 2001. Willard O'Neal was convicted and sentenced to life without parole for the shooting death of Bruce Chamberlin, who was gunned down in the parking lot of his club, the Trapeze Lounge. The Oklahoma Innocence Project’s interim legal director Christina Green filed a brief in June which alleges that a key witness lied on the stand in order to avoid charges in her own criminal case.  The brief includes testimony from Gene Agee, a part-time bouncer at the club, who said a dancer told him that a female bartender asked a patron for help in robbing Chamberlin only days before the crime. The brief alleges that the same woman then lied to police about O’Neal’s involvement in order to shield herself from prosecution for the incident.  The brief goes on to say that alternate suspects at the…

Jailing of Teenager Renews Criticism of Sex Offender Registries

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Around the country, and for good reason, there are laws barring individuals above a certain age from engaging in sexual relations with individuals below a certain age (the age of consent. In Florida, according to State Statute s. 794.05, it is illegal for someone 24 years of age or older to have sex, as defined in the statute, with someone under the age of 18 (with a couple of exceptions). Based on the exact circumstances of the incident, the crime can be considered a first-degree felony, punishable by up to 30 years in prison and/or $10,000 in fines. As our Delray Beach and Fort Lauderdale criminal defense lawyers know, however, these sex offender laws and associated sex offender registries do present serious problems. In today's world of anonymous dating apps and online match-making, confusion is rampant and thus the likelihood of inadvertently committing a sex crime is higher than it used to be.

The issue in this case is whether plaintiff is entitled for damages

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It is well established that summary judgment may be granted only when it is clear that no triable issue of fact exists. The burden is upon the moving party to make a prima facie showing that he or she is entitled to summary judgment as a matter of law by presenting evidence in admissible form demonstrating the absence of material facts. A failure to make that showing requires the denial of the summary judgment motion, regardless of the adequacy of the opposing papers. If a prima facie showing has been made, the burden shifts to the opposing party to produce evidentiary proof sufficient to establish the existence of material dog bite issues of fact. In determining a motion for summary judgment, evidence must be viewed in the light most favorable to the non-movant. "The function of the court on a motion for summary judgment is not to resolve issues of fact or determine matters of credibility, but merely to determine whether such issues exist". "Liability for a…

Alcohol Caused Crash Injuring Two

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An accident in Colorado Springs on June 24 injured two construction workers. The accident happened around 2 PM on Austin Bluffs Parkway near the University of Colorado Colorado Springs. The right lane of Austin Bluffs Parkway was closed as the …The post Alcohol Caused Crash Injuring Two appeared first on Colorado Springs Accident Attorney | Quality Legal.

Haber on Criminal Copyright Enforcement

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Eldar Haber (University of Haifa - Faculty of Law) has posted The Criminal Copyright Gap (Stanford Technology Law Review, Vol. 18, No. 247, 2015) on SSRN. Here is the abstract: Copyright law undergoes a criminalization process. Since the birth of...

"Prosecution seeks 3.5 years for ex-Auschwitz guard"

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From Jurist: Prosecutors have asked for three and a half years imprisonment for Oskar Groening, who is charged with 300,000 counts of acting as an accessory to murder in Auschwitz before theLüneberg District Court[official website, in German]. Groening, 94-year-old former...

"Gun-Shaped iPhone Case ‘Is a Terrible Idea,’ Police Officials Warn"

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From The New York Times: In what appeared to be the first remarks on the issue by a federal legislator, Senator Chuck Schumer said Tuesday that sales of the cases might be illegal and urged online retailers, including Amazon and...

New Report on Rising Heroin Use and Deaths

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The Centers for Disease Control released a report today, "Vital Signs: Demographic and Substance Use Trends Among Heroin Users — United States, 2002–2013." The press release is here. It finds increased heroin use, particularly among... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Why Doesn’t the U.S. Supreme Court Believe in the First Amendment?

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I wrote this piece some time ago but never got around to posting it. However, given the fact that so many people were interested in the workings of the Supreme Court when I blogged about that last week, it seemed especially relevant. Lots of people apparently want and need information about the Supreme Court so that they can weigh in on what they think about the work that goes on there. The fact is that thousands of people read my little old post about the Supreme Court, but only 500 or so of them would ever be able to actually see the Court in action, and they would have had to travel to Washington D.C. and wait in line for days to be able to be there. In today’s world of instant video coverage and tweeting from accident scenes, that just seems wrong. It is at least out of keeping with the times. I realize that watching the Supreme Court on TV is not exactly a red-hot blog topic. The issue of why the Supreme Court arguments are not broadcast for the public to view may be…

Maryland Criminal Lawyer

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Maryland criminal lawyer Randolph Rice is available 24/7 if you’ve been charged with a crime in Maryland. Contact the office at (410) 288-2900 or email the office for immediate legal representation.  Maryland criminal lawyer Randolph Rice offers free consultations for all criminal cases in Maryland. Maryland Criminal Lawyer What does a Maryland criminal lawyer do? A criminal lawyer represents and defends individuals charged with crimes, including felonies, misdemeanors and traffic citations, including DUI and DWI charges. Attorney Randolph Rice is a former Assistant State’s Attorney. He has been elected by his peers as a Super Lawyers – Maryland Rising Star in criminal defense. He is ranked by Avvo, an online lawyer ranking service, a Super 10 out of 10.  He is also Lead Counsel Rated in Criminal Defense. If you’ve been charged with a crime or you believe you will be charged with a crime in Maryland, you want to contact a criminal defense…

Prosecutorial Conduct, Response to Jury's Request and Evidentiary and Sentencing Issues Denied by Circuit

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In United States v. Kolodesh, No. 14-2904 (3d. Cir. May 28, 2015), the Third Circuit affirmed the district court’s sentence of 176 months’ imprisonment, three years supervised release, and an order for $16.2 million in restitution.Kolodesh, who co-owned Home Care Hospice, Inc., appealed his conviction of one count of conspiracy to defraud a health care benefit program (18 U.S.C. § 1349), twenty-one counts of health care fraud (18 U.S.C. § 1347), two counts of mail fraud (18 U.S.C. § 1341), and eleven counts of money laundering (18 U.S.C. § 1957) based on his company’s involvement in a Medicare fraud scheme.  Kolodesh and his co-workers falsified records to show that patients were eligible for continuous Hospice care that the patients never received, gave doctors kickbacks, gifts, and cash for referrals, and even put some doctors on the company’s payroll with sham job titles.  Kolodesh’s company also submitted…

//blawgsearch75.rssing.com/chan-6519914/article12872-live.html

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Three opinions today -- one conviction affirmed, one reversed, and one set of opinions on denial of rehearing en banc.United States v. Salman, No. 14-10204 (Rakoff (DJ, SDNY) with Christen and Waford) --- The Ninth Circuit affirmed convictions for security fraud and conspiracy to commit securities fraud (commonly known as "insider trading"), holding that the government need not prove that the defendant knew that a recipient of inside information (a "tippee") would "personally benefit" from that information.  The court declined to adopt the defendant's reading of the Second Circuit's decision in United States v. Newman, 773 F.3d 438 (2d Cir. 2014), holding instead that this case was governed by a decision of the Supreme Court and not by the facts presented in Newman.For appellate practitioners -- note that the court reached the issue in this case notwithstanding the fact that it was not made until the reply brief.  Newmanwas…

//blawgsearch75.rssing.com/chan-6519914/article12873-live.html

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The Ninth Circuit finally issued the en banc opinion in Zepeda, and affirmed convictions for crimes committed in Indian country.  Also summarized here are an opinion affirming a conviction for storing hazardous waste without a permit, and an opinion affirming the dismissal of a 28 U.S.C. § 2254 petition as untimely.United States v. Zepeda, No. 10-10131 (Fletcher for the en banc court; Kozinski and Ikuta also wrote concurring opinions) --- The Ninth Circuit affirmed convictions under the Major Crimes Act, 18 U.S.C. § 1153, holding that the government need not prove that the defendant is descended from a federally recognized tribe in order to satisfy the blood-quantum component of the Indian status element.Federal jurisdiction was appropriate in this case if the defendant was an "Indian," a term not defined by statute.  Under the governing test, see United States v. Bruce, 394 F.3d 1215 (9th Cir. 2005), in order to satisfy this requirement, the…

Stalla-Bourdillon et al. on Surveillance and the Classification of Data

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Sophie Stalla-Bourdillon , Evangelia Papadaki and Tim Chown (University of Southampton , University of Southampton and University of Southampton) have posted Metadata, Traffic Data, Communications Data, Service Use Information... What is the Difference? Does the Difference Matter? An Interdisciplinary View...

RUBY FERRIA HAS PASSED AWAY

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We received this email: Dear Rumpole:Scarcely 2 blocks from RGB, a woman died last night in  hospice care, who is largely responsible for electing dozens of judges in the last 20 years.  Without a college degree, Ruby Ferria  became the most successful Latin market political consultant in Miami.  Until last Monday, she had a daily talk show at La Poderosa where she introduced her clients to her Spanish speaking audience.  She worked on the campaigns of William Thomas, Dennis Murphy, Bronwyn Miller, Ivonne Colodny, Jeri Beth Cohen, Bernie Shapiro, and Jacquie Schwartz to mention a few.  Ruby gave advice and if you were smart, you took it. Many of her clients became friends and not in a Facebook kind of way.  If Ruby called you a friend, it meant she looked into your soul and saw you were the real deal, kind, genuine.  In her 30 years or so in politics she saw the good, the bad, and the ugly in people.  She understood that people…

Green Bay Packers Andrew Quarless Arrested in Miami Beach

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Miami Beach Police arrested Green Bay Packers tight end Andrew Quarless, 26, after they claim he shot his gun into the air early Saturday morning. He was charged with discharging a firearm in public around 5:30 a.m. Saturday. A parking attendant told police that he saw a black Porsche Panamera with two men and two women inside. According to the arrest report, the two men got out of the Porsche and approached a white vehicle with several women inside. The attendant told police that the discussion soon became hostile and that he then spotted Quarless walk up to the white car with a semi-automatic handgun. The witness then told police that Quarless pointed the gun in the air and fired off two rounds before taking off in the Porsche. Police put out a “be on the lookout,” or BOLO, alert for the Porsche and eventually caught up with the vehicle parked on the 400 block of Washington Avenue with its lights on. According to the report, Quarless was allegedly discovered…

Nebraska Death Penalty Petition Volunteers

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The ABC News affiliate in Omaha has this story about a family that has volunteered with the Nebraska citizens' effort to allow the electorate to have its say on the legislature's death penalty repeal.  As the story points out, billionaire George Soros has donated $400,000 to the effort to deny giving the voters their say.  I'm glad at least that he's such a fan of participatory democracy.  If I'm remembering correctly, he and his allies were backers of getting the death penalty on the ballot for voters to have their say in California in 2012 (Prop 34).  Perhaps the experience there (the death penalty won by a little less than half a million votes) convinced abolitionists that voters should be kept out of it.Contributions to Nebraskans for the Death Penalty can be made here.

New Gun-Shaped iPhone Case Poses Problems for Police

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It would certainly be an understatement to say that the relationship between law enforcement departments and civilians in this country has taken a hit as of late. With questionable run-ins having taken place across the nation, as our Palm Beach and Broward County criminal defense lawyers know, tensions are running high. In this atmosphere, a new iPhone case which is shaped like a gun, is causing a stir. Law enforcement departments, and even one prominent U.S. Senator, have called for federal bans on the dangerous smartphone case.

Can I Sue for Personal Injury If I Signed a Waiver?

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People who have suffered a serious personal injury while undergoing a medical procedure, playing a sport or engaging in a risky activity may wonder whether they have grounds for legal action. In many cases, your right to do so would never be in question. Nevertheless, if the venue at which you experienced physical harm had required you to sign a waiver or release beforehand, things will get a bit murkier, and you may wonder whether a potential lawsuit would stand up in a court of law. The signing of these waivers has becoming increasingly common. The stable that once posted signs reading, “Ride at your own risk” is far more likely nowadays to have you sign a waiver relieving them of responsibility if an accident should happen. The same is true of gyms, pools, sporting events, sky diving venues and medical establishments of any kind. What do these documents really mean? Can they actually strip you of all legal rights? When the Client Assumes the Risk The person who…

What is a Premarital Agreement and Why Should We Have One?

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You might know them better as prenuptial agreements or prenups. A premarital agreement is a legally binding marital contract that the betrothed couple agrees upon and executes prior to marriage. These contracts often receive "bad press," if you will, because many believe that entering into a prenuptial agreement prior to the marriage is already signing the divorce papers, and nothing could be further from the truth. Entering into a prenuptial agreement actually solidifies a marriage rather than sets it up for failure. When the couple begins its union with a clear understanding of what is expected and what will be expected in the future, the foundation upon which the marriage will be built is already solid. Each person possesses a knowledge and wisdom that is generally otherwise left to question, because important details have already been hashed out. The Institution of Marriage Marriage isn't just the romantic ending to a fairy tale. Marriage is a legal binding…
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