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District 1 - Injury Crash Northbound US95 at MP 463.5

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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 # C15001614 --------------------- PRESS RELEASE ----------------------------- DATE: August 2nd, 2015 TIME: 12:56 PM LOCATION: Northbound US95 at MP 463.5, Sagle ASSISTING AGENCIES: Bonner County VEHICLE #1 ------------- DRIVER Udholm,Wayne M AGE 68 ADDRESS Edmonton,Alberta INJURIES? - Yes HOSPITAL/LOCATION TAKEN ? Bonner General to Kootenai Medical Center VEHICLE YEAR 2006 VEHICLE MAKE Suzuki VEHICLE MODEL C-50 Motorcycle WRECKER Al's Towing HELMET…

Injury Crash Ponderosa and Ridgewood in Post Falls

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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 # C15001612 --------------------- PRESS RELEASE ----------------------------- DATE: August 1, 2015 TIME: 10:05 PM LOCATION: Ponderosa and Ridgewood in Post Falls ASSISTING AGENCIES: Post Falls Police Department VEHICLE #1 ------------- DRIVER Enderud, Justin R AGE 25 ADDRESS Post Falls, ID INJURIES? Yes HOSPITAL/LOCATION TAKEN Kootenai Health VEHICLE YEAR 2006 VEHICLE MAKE Ford VEHICLE MODEL F350 WRECKER Superior Towing SEATBELTS/HELMET WORN? No INCIDENT…

Litton on Execution Protocol Reform

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Paul Litton (University of Missouri School of Law) has posted On the Argument That Execution Protocol Reform is Biomedical Research (90 Washington L. Rev. Online 87 (2015)) on SSRN. Here is the abstract: Regardless of whether the Supreme Court rightly...

Senate Interest in Small Business Loan Data Rulemaking May Significantly Impact Financial Institutions

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On July 10, 2015, 19 United States senators, including Sen. Elizabeth Warren, implored the Consumer Financial Protection Bureau (CFPB) to exercise its rulemaking authority related to publicly available small business loan data. The Dodd-Frank Act directs the CFPB to prescribe rules under Regulation B requiring financial institutions to gather and maintain data on women-owned, minority-owned, and small business applicants, including data on the race, sex and ethnicity of business owners. The CFPB issued a bulletin in April 2011 stating that these data collection requirements would not become effective until the CFPB issued corresponding regulations; yet to date, the CFPB has declined to exercise its rulemaking authority. The Senate’s renewed interest in this aspect of CFPB rulemaking may cause the agency to act, and financial institutions will need to consider the consequences of potential rulemaking in this area. Increased rulemaking could potentially impact business…

New York Times Blasts Baltimore Judge in DWI Case

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Today the New York Times featured on its front page a story about a Baltimore woman who had to endure a $25,000 bond, numerous court appearances, a suspended drivers’ license, and 34 days in the Baltimore City Jail for a first offense DUI with a 0.09 BAC reading: On Probation Lives Can Run Far Off Track – A Maze of Fines, Court Dates and Penalties by Shaila Dewan.  The judge assumed the defendant was a problem drinker without first getting an evaluation and ordered three AA meetings a week as well as required permission for her to move.  Failure to request permission before attempting to move was the first alleged violation of probation.  The failure to provide proof of all of the required AA meetings landed her in jail for 34 days with a $5000 bond she couldn’t afford, before she saw a judge.  The judge gave her a conviction which led to a six month driver license suspension. The article quoted Leonard R. Stamm. For a…

Sleeping Driver Charged with DUI in Maryland

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Over the weekend, a Maryland driver was arrested by Cambridge police officers after they allegedly found him drunk and asleep behind the wheel. At 10:00 pm on Friday, officers responded to a report stating that there was a vehicle sitting in the intersection of Bayly Road and Race Street. After they arrived at the scene, the Police found Timothy Kline, 54, asleep in the driver’s seat behind the wheel. Kline was later arrested and is now facing DUI and other traffic related charges. His trial is pending. The post Sleeping Driver Charged with DUI in Maryland appeared first on Maryland DUI Lawyer | DWI Attorney | Blog.

FINAL UPDATE: Injury Crash - Westbound Lanes Blocked on I84 at Milepost 71 East of Boise

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 08/03/15 2:45 PM Please direct questions to the District Office *** FINAL UPDATE *** On Monday, August 3, 2015, at approximately 11:56 am, Idaho State Police investigated an injury crash westbound on I84 at milepost 71, near the Boise Stage Stop, east of Boise. Christina Ortiz, 31, of Fairview, OK, was travelling westbound on I84 in a 2006 Dodge Caravan when she drove off of the left shoulder of the road. Ortiz over-corrected, came back across the interstate, struck a cement barrier, and the vehicle came to rest in the middle of the travel lanes. Passengers Wayne Goodsell, 67, of Fairview, OK and a juvenile were transported to the Saint Alphonsus Regional Medical Center in…

ISP investigating a crash I15 at 53

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5205 South 5th Ave. Pocatello, Idaho 83204-2299 (208) 236-6466 FAX: (208) 236-6068 For Immediate Release: 8/3/15 2:21 p.m. Please direct questions to the District Office *****Update***** The scene has been cleared and all lanes have been opened. More information will be released as it becomes available. KM / SC *****End of Update***** At this time, the Idaho State Police is investigating a single vehicle crash on I15 at milepost 53, south of Inkom. The left southbound lane is currently blocked. Motorists are encouraged to avoid the area and to use an alternate route of travel. More information will be released as it becomes available. KM/SC -------------

Sexual Harassment: Quid Pro Quo

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Massachusetts Law prohibits sex discrimination in the workplace. Sexual harassment is a form of sex discrimination. The standards governing the prohibition of sex discrimination and sexual harassment in the workplace are set forth in Massachusetts General Laws chapter 151B. There are two types of sexual harassment: “quid pro quo” harassment and “hostile work environment” harassment. They may occur independently or concurrently. Quid Pro Quo Harassment Chapter 151B defines “quid pro quo” sexual harassment as: sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when . . . submission to or rejection of such advances, requests or conduct is made either explicitly or implicitly a term or condition of employment or as a basis for employment decisions. To prove a claim for quid pro quo harassment, the employee must establish the following elements: That the alleged harasser made sexual advances or…

Kim on Underestimating the Trial Penalty

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Andrew Chongseh Kim (Concordia University School of Law) has posted Underestimating the Trial Penalty: An Empirical Analysis of the Federal Trial Penalty and Critique of the Abrams Study (Mississippi Law Journal, Vol. 84, No. 5, 2015) on SSRN. Here is...

DALLAS COUNTY DISTRICT ATTORNEY SEEKS BENEFIT FROM PROBABLE MIX UP ON PUNISHMENT RANGE

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A Criminal District Court in Dallas in 2013 ruled that a defendant could be sentenced to serve 10 years even though his offense, a theft case, had a maximum punishment that was normally two years. If there were two prior felony offenses, with one conviction being final before the second offense was committed, the punishment could be raised to the range for a third-degree felony, which is confinement for two to 10 years. The Dallas Court of Appeals allowed the sentence to stand, even though the District Court expressly declined to find sufficient proof of sequence, i.e., there was only one prior felony conviction that could count. The case is now on review in the Texas Court of Criminal Appeals, the highest court in the State for criminal cases. The Court of Criminal Appeals will decide whether the trial court and the Dallas Court of Appeals imposed an “illegal”* sentence of 10 years, when the maximum should have been two. The State’s argument is based on the…

Surveillances: From Pre-Surveillance to Staying Legal

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For 10+ years, I co-owned a private investigations agency with my wife, during which time we conducted many surveillances. My wife was especially good at it, a skill she swore came from her years of writing novels as she had lots of practice sitting and staring (at the computer screen) for hours. Two Articles on Conducting Surveillances Lately my wife has been posting articles on surveillances based on a course we once taught to a mystery writers’ group.  Lots of good info on topics such as pre-surveillance, legalities, what to wear, best type of vehicle and so forth.  Handy info for investigators, legal types, armchair detectives and writers. Click a link to read the article: Surveillance 101: Staying Legal, Dressing the Part, Prepping the Vehicle Surveillance 101, Part 2: The Importance of Pre-Surveillance and Knowing If a Subject Has a Lawyer About Latest Posts Follow meKManaging Partner at Shaun Kaufman LawShaun Kaufman has 30…

Marijuana Cultivation in Utah

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Four young adults were arrested in Cache County, Utah for multiple drug charges including marijuana cultivation. Drug Raid in Northern Utah During a raid on a Logan Utah home on July 21st 2015, four people between the ages of 18 and 21 years old were arrested when officers arrived at the home in the early […] The post Marijuana Cultivation in Utah appeared first on Salt Lake Criminal Defense.

THC Breathalyzer to Hit Market Soon

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With marijuana’s increasing popularity and acceptance, it was only a matter of time before the advent of a handheld device to measure the presence of THC in an individual’s system. A THC breathalyzer would supplant blood and urine tests, which are currently the only available method to determine whether someone is under the influence of THC, the psychoactive element of cannabis. Vancouver’s Cannabix Technologies, one of several companies developing a THC breathalyzer, hopes to be the first to unleash such a product on the market. The device uses a technology that can identify recent consumption of THC. Cannabix has not revealed when the product will go on sale, but it has stated that a patent is pending. Other companies working on similar products include Lifeloc Technologies, Inc., which currently markets alcohol breathalyzers, and a Washington State professor and Ph.D. student duo. A Lifeloc executive has said that the first…

Kentucky Corrections Officer Lies Under Oath, Puts 300 DUI Cases at Risk

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Louisville, Kentucky Metro Corrections officer Liliana Hernandez has been suspended after being accused of lying under oath last month. According to court records, Hernandez falsely claimed on a form that a suspect refused to take a breath test, for which the suspect’s license was automatically suspended. She repeated the same fabrication while testifying in court under oath. A video recording from the jail shows that the suspect expressed an unequivocal willingness to take the test.  An internal investigation is looking into other potential misconduct, which could jeopardize hundreds of drunk-driving cases. Metro Corrections director Mark Bolton said in a news release that Hernandez was a witness in over 200 pending DUI cases, putting the outcome of those cases at risk. He explained that the department spent significant time and resources training Hernandez, and that she has seriously damaged her reputation and…

One Step Closer to Justice

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A Colorado jury decided today that the facts surrounding Colorado mass killer James Holmes did not show that mitigating factors outweighed aggravating ones.  The jury will thus move on to decide whether to impose a death sentence.The ABC News story notes that it took the jury just three hours to reach this decision, despite a barrage of defense testimony from a psychiatrist, Holmes' relatives, teachers, church leaders, soccer buddies and camp counselor friends.If I were defense counsel, I would be more than a little concerned at the speed of the jury's decision.  Still, as long as there is a one-juror veto in capital cases, nothing is for sure.  It is nonetheless encouraging to me that the jury did not fall for the mental-state defense.  It's not that I don't think Holmes is crazy.  He may well be crazy.  But the legal, and moral, question is whether he could understand the wrongfulness of his actions and control them.  As…

Are Strip Searches in Jails Legal?

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  Florence vs. County of Burlington: United States Supreme Court Rules Strip Searches in Jails are always Legal Recently, I had a client who was charged with with simple possession of marijuana. He was actually arrested for an outstanding traffic ticket attachment when the deputies allegedly found a joint on him after a strip search. My first thought in this case was, “Is it legal for a jail to strip search someone who has been arrested for a simple traffic ticket?” The deputies actions seemed a little overzealous to me. It sounded like a 4th Amendment violation against unlawful search and seizure. To my surprise, I was wrong. The answer, thanks to a narrow Supreme Court decision in 2012, is “yes”: Whether you are checking into the jail for 12 hours or being incarcerated for 12 years, authorities have a legal right to conduct a strip search. The Supreme Court reached this conclusion by a 5-4 ruling in the case of Florence v. County of Burlington.…

Tampa Bay Wrong-Way Driver Facing DUI Charge

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A wrong-way driver is facing a DUI with property damage charge after he was involved in a crash on Bearss Avenue early Thursday morning. Deputies believe the 45-year-old was traveling eastbound on Bearss Avenue in the westbound lane of traffic at approximately 12:45 a.m. At the same time, deputies said another vehicle was traveling westbound on Bearss Avenue and saw the man’s 2015 Toyota Tacoma traveling toward them going the wrong way. Deputies claim the driver veered left into the median to avoid the man’s vehicle, but at the last minute the man veered right and the two vehicles collided in the median. There were no injuries. If you or someone you care for were involved in a DUI accident in the Tampa Bay area, this is a very serious offense. A DUI charge usually means hefty fines, driver’s license suspension, a spike in insurance fees, the possibility of  installment of an Ignition Interlock Device and even potential jail time. However, being charged…

**Final Update*** ISP investigating a crash I15 at 53

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5205 South 5th Ave. Pocatello, Idaho 83204-2299 (208) 236-6466 FAX: (208) 236-6068 For Immediate Release: 8/3/15 6:00 p.m. Please direct questions to the District Office ***Final Update*** On Monday, August 3, 2015, at 1:47 p.m., the Idaho State Police investigated a one vehicle rollover with injuries south of Inkom. Savanah M. Salvesen, 19, of Preston, was driving a 2005 Dodge Neon southbound on Interstate 15 while looking down at her cell phone. Salvesen looked up from her cell when she realized she was on the rumble strips on the left shoulder. Salversen overcorrected into the right lane, then overcorrected back into the left lane causing the vehicle to roll multiple times, before coming to rest upside down in the median at milepost 53. Salverson was wearing a seatbelt and…

WALPOLE TEACHER IS ARRESTED AND CHARGED WITH SEXUAL ASSAULT OF A CHILD

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…And yet again we have a story in which a Massachusetts teacher is implicated in a sex crime. This time, it is not Possession of Child Pornography, but the actual sexual assault of a child. MyFoxBoston tells us that a teacher, or now former such thing, at Norfolk County Agricultural High School in Walpole has been charged with the sexual assault of a child. Said educator, according to court documents, is 50-year-old John Williamson (hereinafter, the “Defendant”). Specifically, the Defendant is alleged to have raped an 8-year-old boy at his garage apartment in Norwood on July 10th. According to the Commonwealth, the Defendant met the boy’s mother at Norwood Agricultural High School. Her husband had passed away in 2009, and the Defendant moved into the garage apartment on her property to help with her two boys and to work around the house. The allegation came to the mother’s attention upon the occasion of hearing her son swear. The Commonwealth…
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