Summer holidays often result in excessive drinking—like on July 4th—and more people are traveling, which leads to a deadly mix on the roads. This combination of increased and drunk drivers is most dangerous for teens. The months between Memorial Day and Labor Day are the most dangerous for teen drivers because the leading cause of death for teens is a car accident and a full 25 percent of those car accidents are caused by a drunk driver, according to data from Mothers Against Drunk Driving (MADD). With an increased risk of being involved in an accident during the summer, it’s more important than ever that teens—and their parents—take action to stay safe when behind the wheel. If you’re a parent, here some teen driver safety tips.Discuss the Dangers of Texting and DrivingOne of the most dangerous things for anyone to do behind the wheel—but which affects teens more than any other age group—is to text. Texting distracts drivers…
Teen Driver Safety: Summer Driving Tips for Parents
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Can I recover a deceased's health insurance and other lost benefits in a wrongful death claim?
If beneficiaries lose out on benefits because of a family member’s death, then damages for these lost benefits may be sought. A wrongful death claim for benefits is a type of civil claim filed by the personal representative of the estate against the at-fault party.Wrongful death benefits typically include this list.Funeral expensesMedical expensesLost wagesLost Benefits Recoverable in a Wrongful Death ClaimIf you’re filing a wrongful death claim because your loved one was wrongfully killed (because of the negligence of another party), you have the right to receive damages for multiple benefits types.Loss of wages and future lost wages are not the only two types of benefits available to grieving family members.Retirement plan benefitsPension benefitsHealthcare benefitsAny other financial benefits of compensation that the deceased would have received had death not occurredThe personal representative of the deceased can seek damages for all financial benefits that the…
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"MIT report: Government encryption access poses security risk"
From Jurist: A group of leading computer scientists at theComputer Science and Artificial Intelligence Laboratory at MIT[academic website] on Monday published a paper[text, PDF; press release] criticizing the US and UK governments for seeking the redesign of internet systems to...
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Auditor Blasts California Foster Care Agency
7-8-15 California: SACRAMENTO (CN) - Thousands of foster children may have been exposed to sex offenders due to California's failure to verify addresses of registered sex offenders, the state auditor says. A blistering audit, released July 2, revealed breakdowns in the state's Social Services Department, which may have allowed as many as 8,600 foster children to be placed near the
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Some notable new posts from the Collateral Consequences Resource Center
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Federal habeas ruling decides Virginia's geriatric release does not permit juve LWOP
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"New York City to Alter Bail Requirements for Low-Level Offenders"
The story is in The New York Times: New York City officials announced a plan on Wednesday to change bail requirements for some low-level offenders in an effort to keep thousands of people accused of nonviolent crimes and misdemeanors out...
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A Small Step
For any lawyer who practices a lot in federal court, the recent Supreme Court decision in Johnson v. United States is a pretty big deal. It involves the “Armed Career Criminal Act,” a part of 18 U.S.C. § 924 that has an enormous impact at sentencing for certain defendants convicted under the federal prohibited possessor law, 18 U.S.C. § 922(g). What the act does is increase the penalty from a ten-year maximum to a fifteen-year mandatory minimum and a maximum of life in prison for people who have three or more convictions for a “serious drug offense” or a “violent felony.” The issue in Johnson was the definition of “violent felony,” specifically what courts call the “residual clause” of the definition. Although the definition includes some more clearly articulated sorts of other qualifying prior convictions, the residual clause simply says a violent felony is any crime that “otherwise involves conduct…
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Duff on Legal Reasoning, Good Citizens, and the Criminal Law
R. A. Duff (University of Minnesota Law School) has posted Legal Reasoning, Good Citizens, and the Criminal Law on SSRN. Here is the abstract: As part of a larger project on the various roles that citizens of a democratic polity...
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[VIDEO] How Does Remote Breath Work?
The whole idea of remote breath is that you have basically continuous alcohol monitoring every 3 hours all throughout the 24 hour cycle you have to provide a breath sample. There are some things that I think are really problematic with it and very burdensome. If you are facing any kind of alcohol related charge for DUI or anything like that, contact my office we can begin discussing your situation together. Video Transcription Hello, my name is Andrew Flusche, I’m your Virginia DUI Attorney. Today we’re going to talk to you about remote breath. What is it and how does it work and things like that. If you haven’t heard of it, remote breath is basically a breathalyzer that you carry around with you typically by court order. This is not a remote breath device, this is just a handheld preliminary breath test but it is essentially the same as one remote breath is. Remote breath is just a little more sophisticated. It takes a picture of you as you provide the air…
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A few (quickie) direct appeal Johnson remands in Sixth and Ninth Circuits
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Maryland Court of Appeals Helps Protect Innocent
The Maryland Court of Appeals today handed down an important decision in Maryland v. Norton that will help guarantee that those accused of crimes are able to fully cross examine government experts who conduct forensic testing in criminal trials. The question presented in the case was whether Harold Norton, Jr., who was on trial for robbery, should be permitted to cross examine the analyst who performed DNA testing on a ski mask that implicated Norton in the case or whether the state was permitted to call the analyst’s supervisor who was not involved in the actual testing. The Innocence Network, with support from the Innocence Project’s Strategic Litigation Unit, filed a friend-of-the-court brief in the case arguing that the Constitution’s Confrontation Clause demands that the prosecution present the analyst who actually performed the testing so that the defendant could fully question the analyst himself about his work. The Court of Appeals agreed.…
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Children Sent to Juvenile Detention for Refusing to Visit Their Father
Three Michigan children have been incarcerated at a juvenile detention facility for over two weeks after an Oakland County circuit judge sent them away for refusing to see their father. During divorce proceedings, Judge Lisa Gorcyca ordered the children, ages 9, 10 and 14, to submit to supervised visits with their father. When the children refused, the judge held them in contempt of court and sent them to Children’s Village Detention Center until they turn 18 or until she reviews the matter. The children’s mother, Maya Tsimhoni, is not permitted to visit them at the facility. During a hearing last month, all three children refused to go on the court-ordered visits with their father. The oldest, Liam Tsimhoni, apologized to Judge Gorcyca for breaking the court order, but said he did not want contact with his father because he is violent and had hit his mother. “I’ve never seen anything like this,” the judge told the child. “One day you can…
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Rule 412 and the Admissibility of a Victim’s Sexual Behavior
What is Rule 412? Rule 412 of the Utah Rules of Evidence prohibits the admission of evidence, in criminal cases alleging sexual misconduct, of the victim’s past sexual behavior or predisposition. For example, in a rape case, the defendant cannot introduce evidence that the victim is sexually promiscuous, has had many sexual partners, etc. There are only three exceptions to the Rule 412 prohibitions: Evidence can be introduced of the victim’s sexual behavior to show that the course of semen, injury to the victim, or other physical evidence derived from someone other than the defendant; Evidence can be introduced of the victim’s past sexual behavior with the defendant to show that the victim consented to the sexual encounter with the defendant; Evidence can be presented regarding the victim’s sexual behavior and predisposition if precluding the evidence would violate the defendant’s constitutional rights. Rule 412 is hard and fast, and most courts…
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Richard Glossip and SCOTUS co-petitioners get new Oklahoma execution dates
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Lincoln repeals overly restrictive sex offender ordinance
7-9-15 Maine: LINCOLN, Maine — Town leaders have repealed portions of a 5-year-old town sex offender ordinance that Town Manager Lisa Goodwin said Tuesday was so restrictive it probably was unenforceable. The Town Council voted 7-0 during a meeting Monday night to approve changes in the ordinance that will bring it more in line with state laws when the changes go into effect in 30 days,
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Who is liable for a school bus accident?
The school district, another driver, or a parts manufacturer could all have played roles in a bus crash. Read on to find out how they each play a pivotal role in your child’s safety on the bus. Mass transit accidents can be complicated, so let Saile & Saile explain some elements to begin.In the year 2014, there were 369 school bus vehicles involved in crashes in Pennsylvania. While there were no occupant deaths, there were three fatalities involving school buses, and 206 of the school bus crashes were injury accidents.For a victim injured in a school bus accident, determining liability—or who should legally be held responsible—is a core part of the claims process. The following lists parties who may be held liable for a school bus accident.The School DistrictThe school district is often the legally accepted responsible party for school bus accidents. This is because, the school bus accident occurs as a direct or indirect result of the school…
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Health Insurance Companies Seek Big Rate Increases for 2016 - How Will This Affect Health Care Businesses and Providers?
Zach Gibson / New York TimesHealth care providers need to follow what is happening with health insurance companies: the mergers, the rate increases, the data issues, the complexitites. These mirror what will be happening in the health care industry as a whole. Reporter Robert Pear’s article in The New York Times (7/3/15) entitled “Health Insurance Companies Seek Big Rate Increases for 2016” explains how “health insurance companies around the country are seeking rate increases of 20 percent to 40 percent or more, saying their new customers under the Affordable Care Act turned out to be sicker than expected.” Federal officials say they are determined to see that the requests are scaled back.“Insurers with decades of experience and brand-new plans underestimated claims costs. Blue Cross and Blue Shield plans — market leaders in many states — are seeking rate increases that average 23 percent in Illinois, 25 percent in…
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So, You Want To Be A Circuit Court Judge
THE CAPTAIN REPORTS:SO, YOU WANT TO BE A CIRCUIT COURT JUDGE .....We posted a story on June 15th that highlighted the resignation of Judge Victoria Sigler. The JNC interviewed 14 applicants today to replace Judge Sigler and they have forwarded six names to Governor Scott for his consideration. The Governor has 60 days to make his decision.The six nominees are:Judge Wendell GrahamJudge Lourdes SimonJudge Jason DimitrisJudge Charles JohnsonAyana Harris, an Assistant Federal PDJohn Wylie, private criminal defense attorneyIf Governor Scott chooses one of the four County Court Judges to replace Judge Sigler, then he will get a 2-fer; meaning he will be able to then eventually appoint a new County Court Judge.RED LIGHT RULING .....Many of you have been waiting for a decision from Judge Leifman.The latest update we have is that the attorney for the City requested a ten day extension to file their Closing Argument. Judge Leifman Granted that extension and the…
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What is an Armed Career Criminal?
The Armed Career Criminal “Armed career criminal” – sounds pretty serious, right? Well for purposes of federal criminal law it most definitely is. The term applies to a select group of individuals who the federal government find to need more prison time than other convicted felons. If the moniker “armed career criminal” is applied to a criminal defendant during the sentencing process the judge is required to impose a mandatory sentence that results in years and years in a federal prisons. How is “Armed Career Criminal” Defined? The term “armed career criminal” is defined in the federal sentencing guidelines as a defendant who is subject to the enhanced sentence under the provisions of 18 U.S.C. § 924(e). The requirements are: The defendant had to have been convicted at least three times under 18 USC 922(g)(1) of A “violent felony” or A “serious drug offense” The “armed…
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