Quantcast
Channel: Recent Criminal Law posts - Justia BlawgSearch.com
Viewing all 71824 articles
Browse latest View live

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

0
0
The plaintiff provided the defendant with a verified bill of particulars dated November 10, 2009. In paragraphs fourteen and fifteen, the plaintiff states that she tripped as a result of an open abandoned utility hole in the sidewalk in front of the premises located at 236 Irving Avenue. At her deposition conducted on August 10, 2010, plaintiff testified that the aforementioned defect was a break "where they put the gas in, where they put in the tube". The defendant may rely on the admissions contained in the plaintiff's verified bill of particulars and deposition testimony as evidence of the admitted facts. The personal injury defendant does not dispute that the defect is as an access point to a gas main. Therefore, the defendant may rely on plaintiff's admission that the defect is an access point to a gas main. The defendant contends that NYCRR §7-210 does not apply to him because he did not create and is not responsible for maintaining the access…

An Incomplete Story of Crime in California 2014

0
0
California Attorney General Kamala Harris released four annual reports on July 1 regarding crime and juvenile justice in the state, the summary for which can be read here.  The reports "present statistics for reported crimes, arrests, disposition of adult felony arrests, adults placed on probation, full-time criminal justice personnel, citizens' complaints against peace officers, domestic violence related calls for assistance, and law enforcement officers killed or assaulted." The four reports, titled Crime in California 2014, Homicide in California 2014, Hate Crime in California 2014, and Juvenile Justice in California 2014, show an overall drop in crime rates in the state.  However, AG Harris' reports do not accurately represent crime rates in the state; rather, her reports show her proficiency at cherry picking statistics.  Here are some things she decided was not worth including: First and foremost, Harris compared statistical…

Preventing Auto Accidents

0
0
Here is another submission for our essay scholarship competition:             Being a college student is not an easy task. With college comes stress, lack of sleep, and stress. These symptoms affect the way college students’ drives on the road because their …The post Preventing Auto Accidents appeared first on Colorado Springs Accident Attorney | Quality Legal.

Mistake on driver’s license labeled man as sex offender (and now a woman too)

0
0
7-9-15 Florida: A simple mistake on your driver’s license, and it could severely change your life, costing you friends, family and even a job.That mistake cost a local man his reputation even within his own family. Andrew Stokes Flaherty got a new identification card in 2012. But the legally blind 48-year-old couldn't see what was printed in the corner. Six months later, as he pulled into NAS

Inside A Juneau Prison’s Sex Offender Treatment Program

0
0
7-9-15 Alaska: Since 2010, sex offenders in Alaska prisons have been able to opt in to an intensive treatment program at Lemon Creek Correctional Center in Juneau, but it’s unclear if it reduces recidivism. A 2012 University of Alaska Anchorage Justice Center publication identified a statewide benchmark; of about 240 sex offenders released from Alaska prisons in 2008, 2 percent were

IMMIGRANT CRIME VICTIMS & U-VISA CERTIFICATION: What it is and Why Should Judges Care? Ten facts that every judge (and attorney/officer) should know (15-13)

0
0
U-VISA CERTIFICATION: In every judge’s career there will likely come a time when they are asked to sign a U-visa certificate on behalf of a noncitizen crime victim. The decision whether or not to sign the U-visa certificate is completely subject to the judge’s discretion. However, in order to intelligently exercise that discretion the reviewing judge, at a minimum, should be familiar with 10 basic facts regarding this Federal program. In addition to judges, Congress also included law enforcement officers and prosecutors on the list of persons authorized to sign U-visa certificates. Both of the enclosed training updates (a Minnesota version and a National version) have been fully vetted by the U.S. Citizenship & Immigration Services (USCIS) and the National Immigrant Women’s Advocacy Project (NIWAP). The National version will be posted and stored on the NIWAP’s online U-visa resource library. TO READ THE FULL TRAINING UPDATE CLICK ON THE…

Injury Crash WB I90 at milepost 39

0
0
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police Regional Communication Center - North 615 W Wilbur Ave Suite A Coeur d'Alene, Idaho 83815 Please direct questions to the appropriate District Offices District 1 (208) 209-8620 Fax (208) 209- 8618 District 2 (208) 799-5150 PRESS RELEASE FOR DISTRICT One CASE # C15001410 --------------------- PRESS RELEASE ----------------------------- DATE: July 9th, 2015 TIME: 1:12 p.m. LOCATION: WB I90 at milepost 39 ASSISTING AGENCIES: Idaho Transportation Department, Shoshone County Sheriff VEHICLE #1 ------------- DRIVER Joshua S. Moss-Hendricks AGE 20 ADDRESS Pinehurst, Idaho INJURIES? - Yes HOSPITAL/LOCATION TAKEN ? Kootenai Health VEHICLE YEAR 2003 VEHICLE MAKE Honda VEHICLE MODEL Accord WRECKER Dons Towing …

The Court of Appeals takes a step forward with Norton

0
0
The Court of Appeals announced its decision in Norton v. State today.  I was privileged to have been local counsel on the amicus brief filed by the Innocence Network in this case.  The case was a win for Norton, but more importantly, it was a win for all defendants who wish to confront scientific evidence offered against them in court. The rules governing application of the Confrontation Clause have been changing over the past few years.  A series of cases had helped to expand the ability of defendants to confront scientific evidence: Crawford v. Washington, Melendez-Diaz v. Massachusetts, and Bullcoming v. New Mexico.  These cases required the State to produce in court a chemist who actually tested a defendant’s blood in a DUI case.  I was also privileged to have helped to write the amicus brief filed in Bullcoming by the National Association of Criminal Defense Lawyers and the National College for DUI Defense. Unfortunately, in Williams v.…

Lower Hudson Valley Motor Vehicle Crashes 2011-2014

0
0
As anyone who drives on the major highways and parkways in the Westchester County area and other counties in the lower Hudson Valley such as I-684, I-287 and I-87, for example) is aware, the average driver on these highways will: follow too closely; change lanes without signaling; approach the rear of another vehicle quickly and change lanes at the last second; drive at an excessive speed; drive while distracted by texting, emailing or speaking on a cell phone, and in general drive aggressively. In an analysis conducted by the Journal News this past week, there was an examination of more than 107,000 vehicle crashes in the Lower Hudson Valley between August 1, 2011 and July 31, 2014. The majority of accidents occur on a straight section of roadway without traffic controls. 25% of crashes are due to rear end collisions. Of those types of accidents, at least half involve a sports utility vehicle. This is not surprising, in that due to the added weight of these vehicles, the…

News Scan

0
0
NY Police Chiefs Fed Up with Parole System:  Police chiefs in Monroe County, New York are standing together to demand reforms to the state's parole system, following the violent arrest of a parolee that had been out on parole for just two months before committing a string of robberies.  Sean Lahman and Joe Hand of the Democrat & Chronicle report that Gates Police Chief James VanBrederode is exasperated by the lack of supervision violent offenders are receiving on parole, calling it "an embarrassment to the law enforcement community."  Police arrested parolee Shaun Zimmer, previously incarcerated on a 2008 burglary charge, for seven armed robberies after a violent confrontation involving an assault on a police officer with a knife.  Another incident occurred in April, in which a man out on parole for a violent offense opened fire inside of a pub, wounding six and killing one. Woman Gave Vital Info that Led to Raid of Subway…

State Cannot Use Breathalyzer Test Results Against Defendant in DUI Case Where Independent Blood Test Was Requested

0
0
In Florida, when a police officer makes a traffic stop and claims he/she observes evidence of impairment from alcohol, that officer will initiate a DUI investigation. This usually starts with questions about where the driver has been, how much the driver has had to drink and other questions about the driver and his/her activities. The driver, of course, is free to request a lawyer and refuse to answer those questions. Next, the police officer will request that the driver submit to field sobriety tests. Again, the driver is free to refuse to submit to those tests. The driver should probably refuse to submit to those tests if he/she has any health/physical issues and/or the police officer does not have a video camera in his/her vehicle that accurately, objectively and completely records the driver's performance of those tests. Sometimes, even when there is a video camera, it is difficult to observe exactly how the driver performs on some or all of the field sobriety…

Does Child Support Have to be used on Something Specific?

0
0
Must child support be used on something specific? Figuratively speaking, yes; technically speaking, no. While this might seem a hard pill to swallow, and it is, the courts do not designate the expenses upon which child support must be spent. It is automatically assumed that the child support will be spent on the children's individual and household needs, and the court will not detail out what expenses, specifically, child support must cover. A Safe Assumption Maine family law takes into account the children's best interests first when a couple decides to divorce and separate their family. The designation of custodial versus non-custodial parent, visitation rights, and monetary support is all determined by what is best for the children; this includes the amount of child support the non-custodial parent will be required to pay. Before the divorce agreement is finalized and child support is awarded, the court will look at the following: - the combined gross income of…

2015 Case Results at Urbelis Law

0
0
We are not even halfway through 2015, but Urbelis Law has already had a very busy, and productive year with great results for our clients! Below is a list of cases that resolved very favorably for our clients since January 1st of 2015. We look forward to continuing to achieve such results for the remainder of the year and beyond! TRIAL VERDICTS FEDERAL CHARGES: Client was a middle school teacher with the lead charges of the indictment being 3 counts of producing child pornography, each count carrying a minimum mandatory sentence of 15 years in federal prison. There is no parole in federal cases. Client was also charged with one count of possessing child pornography and one count of transporting child pornography. VERDICT: After a jury trial, client was acquitted on all 3 of the most serious counts, avoiding the tremendous mandatory prison sentence. Client was convicted on the two lesser offenses. The United States Attorney's office proposed sentencing enhancements relating…

Obama to Apologize to Criminals

0
0
President Obama will make a trip to a federal prison in Oklahoma and will meet with, among others, inmates.  "Inmates" is another word for "criminals."  The story is here.I'll take bets here and now that Obama will have a great deal more to say about what's wrong with "the system" than what might have been wrong with the inmates' behavior  --  the behavior that got them sent to prison in the first place.Really.  I invite bets.  Any takers?Obama, of course, is scarcely alone in thinking the problem is not in the behavior of hoodlums, but the behavior of the rest of us. Republicans like Rand Paul, Newt Gingrich and numerous others are increasingly falling for the line that criminals are victims (victims of our callousness, that is) and it's the rest of us who need to Get Our Minds Right.With this thinking so prevalent in Washington and other delusional places like legal academia, the era of falling…

Idaho State Police Plan Open House for its Mobile Command Center Tuesday at Twin Falls Visitor’s Center

0
0
Idaho State Police Mobile Command CenterIDAHO STATE POLICE NEWS RELEASE Teresa Baker Public Information Officer Headquarters 700 S. Stratford Dr., Meridian 83642 (208) 884-7122 Fax (208) 884-7087 For Immediate Release: 7/10/15 at 3:00 p.m. TWIN FALLS - Idaho State Police will display and open its Mobile Command Center for tours by public safety agencies and the public on Tuesday, July 14th from 1:00 p.m. to 3:00 p.m. at the Twin Falls Visitor Center located at 2015 Neilsen Point Place in Twin Falls. A brief presentation will take place beginning at 1:00 p.m. The ISP Mobile Command Center (MCC) is a trailer designed to meet incidents classified by the Federal Emergency Management Agency as Type 2. These incidents are those that extend beyond the capabilities for local control and that are expected to continue for multiple operational periods. A Type 2 incident may require the response of resources out of area, including regional and/or national resources, to effectively…

The End of Crime Reduction

0
0
Sentencing reformers have been celebrating their successes in the states, and to be honest, they've had more than a few.  The word "reform" of course, is just code for "shortening sentences for felons so they can get back in business more quickly."The emotive engine of sentencing "reform" does not stop with shorter sentences.  It's the same engine that fuels the call for more passive policing, curbing or ending the death penalty, and (perhaps most notably in recent times) perpetuating the "Hands up, don't shoot" hoax, in which a white policeman, Darren Wilson, was driven off the force and out of town by a fabulist yarn of racism.  More police, smarter policing (including but not limited to stop-and-frisk), and more incarceration are three of the most important factors in the massive crime reduction the country has enjoyed over the last generation.  Out of forgetfulness and complacency (by some) and…

UNDER GLASS

0
0
TGK (and only TGK as far as we know) has a new/old policy: If you are not attorney of record, you cannot see the client in person, you must see him/her under glass. We have been seeing clients at TGK since it opened, but as you will see in the email below, TGK officials  (and only TGK) have the audacity to look attorneys in the eye and tell them "this has always been the policy." HA. We received this email:"Rumpole, this week I was hired to represent a defendant. An hour later I went to see him in TGK. I knew something was up when the officer at the desk was staring intently at my ID, the computer screen, back to my ID, then back to a computer screen. Then she called over a supervisor who did the same.  'You can't see the defendant. You are not his lawyer.'Me: 'Then why did I just run his father's credit card an hour ago for fifteen thousand dollars if I am not his lawyer?'Highly Trained Front Desk Officer (HTFDO):…

[New Blog Post] Cuban: "Put That Coffee Down"

0
0
Does anyone think DeAndre Jordan negotiates his own deals? There probably are some athletes who do. The media makes it confusing because it always reports the news as, “DeAndre Jordan has just agreed to ….” Or “So and So player agrees to …” It’s not the player, but the player’s agent, who does all the talking, makes the phone calls, sends the emails, and texts. These agents have degrees; they are experts in deal making. See Jerry Maguire, Bob Sugar, Scott Boras...I guess if the player wanted to be extra, extra nice he could give him a call in a few days or so. Maybe drop by and chat briefly before a game. I hear so many dudes calling up sports radio, raving about DeAndre needing to man up, that DJ owes Marc a phone call, he left him high and dry!!!When the owners trade or cut players, I thought the line was: "It’s not personal, it’s just business." It surprises me that Marc, the man who kicked ass in…

Supreme Court Attempts to Clarify the Confrontation Clause, Again

0
0
The Sixth Amendment’s Confrontation Clause guarantees a criminal defendant the right to confront and cross-examine adverse witnesses against him. The amendment is made applicable to the States by virtue of the Fourteen Amendment.   However, there are some exceptions to this valuable right.   In 1980, the Supreme Court in Roberts v. Ohio held that the Sixth Amendment permits out-of-court statements by an unavailable witness, so long as the statements bear “adequate ‘indicia of reliability.’” In reaching this conclusion, the Roberts court said such an indicia is present if “the evidence falls within a firmly rooted hearsay exception” or satisfies “particularized guarantees of trustworthiness.”   The Roberts decision produced considerable confusion, as well as controversy. In 1990, the Supreme Court again entered the Confrontation Clause waters with Maryland v. Craig which reaffirmed the Roberts’ premise…

How do I report a drunk driver?

0
0
Drinking and driving is a serious problem in Pennsylvania. In fact, according to Mothers Against Drunk Driving (MADD), 30.5 percent of all total auto accidents in 2013 involved drunk drivers with a blood alcohol content (BAC) level of .08 percent or higher. What’s more, there were also 7,900 alcohol-related traffic crash injuries in Pennsylvania.If you think that a driver on the road might be drunk, or if you are wondering, "how do I report a drunk driver?" then follow the directions below and take hear that you could be saving a life.Call It InIf you’re not sure that a person is driving drunk but suspect that he or she may be, based on dangerous behavior, you can call 877-DGS-9966. That number is provided by Pennsylvania’s Department of General Services, and your report will be handled by the Bureau of Vehicle Management. If the issue is not promptly severe or dangerous, you can also file a written complaint online.Call the Non-Emergency Police…
Viewing all 71824 articles
Browse latest View live




Latest Images