New Hampshire Motorcycle Safety Laws Driving a motorcycle on the open road can be an exhilarating experience. But despite the freedom that accompanies motorcycling, riding a motorcycle also subjects the driver and passenger to numerous safety risks. For one, a motorcycle is an open vehicle which can allow the rider(s) to be struck directly on his or her body or be thrown off from impact due to a motor vehicle collision. Also, motorcycle drivers are less protected against the forces of nature like wind and rain, and this can affect their vision and judgment during driving. In line with addressing the safety risks of motorcycles and mopeds, each state has its own laws about licensing motorcycles and their drivers. There are slight variations but the fact remains that the laws aim to protect motorcyclists, maximize their safety while on the road, and help prevent motorcycle accidents especially with other vehicles. The following pertain…
New Hampshire Motorcycle Safety Laws
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Fraud Dominates South Florida Crime Market
Fleeting are the days during which the South Florida's criminal markets were notorious purely for international drug smuggling; new reports published late last month show that crime in South Florida is an increasingly white collar, fraud-related affair. Florida in general, for instance, ranks No. 1 in the country for identity theft complaints at a rate of 193 per 100,000 residents; but Miami itself blows the Sunshine State out of the water, with 340 complaints per 100,000 residents. Our Palm Beach and Broward County white collar criminal defense attorneys know that in addition to the fact that South Florida's fraud schemes are increasing in number, they are also dwarfing all other organized fraud rings throughout the United States. As Fortune bluntly states, the South Florida "region is the fraud capital of America."
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"Judge orders Texas man to get married or face jail time"
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Jurisdiction to sentence was not affected by the failure to allege the defendant knowingly received counterfeit money orders
In U.S. v. Brown the Defendant pleaded guilty in federal court for knowingly receiving 481 counterfeit United States Postal Money Orders from a foreign county with intent to pass them off as real, violation of 18 U.S.C. § 473. As part of her plea agreement she waived her right to appeal her federal conviction and sentence. At the plea colloquy she admitted that she knew the postal money orders were not true and were counterfeit. Nevertheless, she filed her appeal and raised the issue in her appeal that her indictment was defective because it did not expressly allege the mens rea element of the section 473. She argued that the omission deprived the federal court of subject-matter jurisdiction to accept her guilty plea and therefore her conviction is null and void. Brown's two count indictment was based on her receipt of packages containing the counterfeit money orders. Count one did not allege knowledge, however count 2 did allege that the defendant acted…
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Crash on Lower Pleasant Ridge Road Sends One to the Hospital
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: 08/07/15 3:25 p.m. Please direct questions to the District Office On Friday, August 7th, 2015, at approximately 8:33 a.m., the Idaho State Police investigated a single vehicle crash on Lower Pleasant Ridge Road east of US95 near Wilder. Jorge Arredondo, 19, of Wilder, was traveling westbound in a 2007 Nissan Sentra, when he lost control of the vehicle, left the roadway, and rolled multiple times. Arredondo was ejected from the vehicle. Arredondo was transported by ground ambulance to Saint Alphonsus in Boise. He was not wearing a seatbelt. This crash remains under investigation by the Idaho State Police. SG / NEH -------------
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James Holmes Sentenced to Life In Prison
The jury did not reach a unanimous death verdict in the trial of James Holmes. He will receive life in prison without parole. Great work by Colorado Public Defenders Tamara Brady, Daniel King and the rest of the defense team. It was an... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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North Carolina Law to Remove Obstacles to Lethal Injection
Yesterday, North Carolina Gov. Pat McCrory signed HB 774 to defeat some of the tactics used by the anti-death-penalty crowd to hinder lethal injection.The bill provides that the monitoring of the lethal injection may be done by a health professional other than a physician. Physician participation was included as a safeguard for the inmate and then exploited by opponents, saying it was unethical for physicians to participate. Let no good deed go unpunished.The bill exempts execution procedures from the Administrative Procedure Act. There is no legitimate need to so encumber the procedures, as they are subject to intense judicial scrutiny anyway.The bill removes the excessive legislative detail regarding the drugs to be used, giving the state authorities the flexibility needed to deal with improving methods and drug shortages.Finally, the bill provides for confidentiality for suppliers of the drugs so that supply will not be blocked by a "heckler's…
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No place to live, sex offenders kept in prison
8-7-15 Kentucky: Michael Blaine Wolfe III served out every bit of his eight-year sentence for sexual abuse and should have been released from prison more than a year ago. But he is still behind bars and could be for up to four more years, with state taxpayers footing the bill for his medical expenses and incarceration. The reason: He was charged with violating the terms of his conditional
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Aurora Shooter gets LWOP, not death, from Colorado jury
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CMT’s Gainesville Reality Show Member Arrested for DUI
A cast member on CMT’s upcoming reality series “Gainesville” was arrested early Thursday morning on suspicion of driving under the influence of alcohol. The 26-year-old was arrested shortly after midnight after she allegedly pulled her white Audi Cabriolet out in front of another vehicle that was too close to stop, causing an accident, according to a Gainesville Police Department arrest report. According to the report, the woman was attempting to get onto Southwest 40th Boulevard from the Arby’s parking lot on Archer Road. The other driver, a paramedic returning home from a late shift, was driving a Nissan Juke and had minor injuries. The crash caused about $8,000 in damage. The arresting officer claims he detected the smell of alcohol on the woman’s breath and that her speech was slurred. The arrest report states that the woman denied she’d been drinking and refused a field sobriety test. She was booked into the Alachua County Jail, but…
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Pasco County Deputy Arrested for Trying to Meet Teen for Sex in Broward County
A Pasco County law enforcement officer was arrested Tuesday night after authorities claim he showed up to meet a 15-year-old boy for sex in Davie. The 22-year-old Pasco County Sheriff’s deputy is facing a federal charge of luring or enticing a minor into sexual activity. In early June, deputies believe the man and the teen started exchanging very graphic messages through an online service. A deputy apparently took control of the teen’s phone in mid-July and began communicating with the man. The deputy pretended he was the boy. Pasco County Sheriff Chris Nocco immediately fired the man, who was still a probationary employee because he had worked there for only about nine months. According to investigators, the man had extremely explicit online conversations about sex with the teen. In the next few days, the undercover deputy wrote that he replied to the man’s messages and told him he was a 15-year-old virgin. The man allegedly asked the “teen” to…
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The Single-Juror Veto Causes Another Miscarriage of Justice
Sadie Gurman reports for AP:Colorado theater shooter James Holmes will be sentenced to life in prison without parole after a jury failed to agree Friday on whether he should get the death penalty for his murderous attack on a packed movie premiere. The nine women and three men said they could not reach a unanimous verdict on each of the murder counts. That automatically eliminates the death penalty for the failed neuroscientist, who blamed his calculated murders of 12 people on mental illness.A rule of law that says the opinion of one juror can trump the opinion of the other eleven borders on insane. We would never consent to such a rule for the guilt verdict. In no state of the union does a jury hung 11-1 for conviction produce an acquittal. Why does any state have such a rule for the penalty phase?States that have this crazy rule need to get rid of it. A hung jury on penalty should trigger a retrial with a new jury, as it does in California and…
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Kevin Ward Jr.'s Estate Sues Tony Stewart for Wrongful Death in 2014 Death of Young Super Sprint Driver
It has been released that the estate of Kevin Ward will be filing a wrongful death suit against NASCAR driver Tony Stewart. Last year, on August 9, 2014, Tony Stewart hit and killed young Ward on a dirt sprint track. Mr. Ward was on the track, and Tony Stewart denied striking Ward on purpose. Ontario County District Attorney Michael Tantillo presented the case to a grand jury, which found that there was not a sufficient basis to bring criminal charges against Tony “Smoke” Stewart for the accident. Controversially, Tantillo also implied that the accident was Ward's fault because he had marijuana in his system. This blog criticized the grand jury system, and Tantillo's role in it. In New York State, the grand jury must find, by 9 of 12 members, that there is probable cause to bring charges. However, the District Attorney is the only lawyer in the room, directs the evidence and examination of the witnesses. Unlike a…
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AT THE TONE THE STANDARD TIME WILL BE….
North Korea announced a new time zone. "at the tone the standard time will be whatever the great dear leader says it is."We've had our own time zone in Miami for years. 9:00 am calendars start at the REGJB for certain judges at 9:30 or 10 or whenever they finish their cafe con leche. Speaking of the REGJB, did you notice how wonderful and quiet this week it was with all the judges at a very very important circuit court inference where important things were discussed over cocktails.RECANTATION …THEN RE-INDICTMENTAndrew Taylor spent 25 years in prison for capital sexual battery of an eight year old girl. The woman, now in her thirties recanted and Taylor was released. Then a grand jury indicted Taylor and he was taken into custody. Ace Herald scribe David Ovalle and the Herald have the legal tug-of-war battle story here. Roy (the wrath of) Kahn for the defense. GRANDE(the following post contains graphic…
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Marder on Social Media and Fair Trials
Nancy S. Marder (Illinois Institute of Technology - Chicago-Kent College of Law) has posted Jurors and Social Media: Is a Fair Trial Still Possible? (67 Southern Methodist University Law Review 617 (2014)) on SSRN. Here is the abstract: Slowly but...
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DA Brauchler's Post Verdict Statement on the James Holmes Trial
Live blog: DA George Brauchler begins his press conference with a reading of the names of the 12 victims who died in the Aurora theater shootings. He refuses to use James Holmes' name, calling him "that guy." He says even though the... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Friday Night Open Thread
What a long week! Here's a new open thread, all topics welcome. [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Because Not Him
If not him, then who? And not him.Lest there be any doubt, I'm talking about this guy. James Holmes. Killer of 12. The nightmare in the Colorado movie theater.He's batshit crazy, of course. But that didn't stop the prosecutors. He was willing to plead, offered to plead 2 years ago. Just take killing him off the table. Life without the possibility of parole. LWOP. Death in prison by natural means rather than by state killing. That didn't stop the prosecutors.Millions of dollars. Months of testimony. Potentially years of appeals and post-trial. That didn't stop the prosecutors.Because he planned. And executed. He entered a crowded movie theater. Midnight showing. The Dark Knight Returns. With gas grenades and handguns and long guns. He wore fucking body armor f'rgodssake. Batshit crazy the prosecutor's own experts said.…
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Investigation underway into photos of pedophile priest's body
8-8-15 Massachusetts: An investigation is now underway into how gruesome photos that claim to show the body of a murdered pedophile ex-priest ended up for sale on a “murderabilia” website. The photos are for sale on the website “Serial Killers Ink.” On the company Facebook page, it says the morbid pictures of the dead pedophile priest Father John Geoghan are unusual. It said they are more
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Three Major Steps to Reduce Death Penalty Delay in California
A recent Washington Post article discussed the upcoming Ninth Circuit hearing on a federal district court decision that invalidated California's death penalty scheme. The gist of the district court's decision was that delay had grown to the point that, by the time the prisoner was executed -- if he ever was -- the execution has lost most or all of its penological value, was thus arbitrary and, for any practical purpose, pointless.So what accounts for so much of the years of delay? Careful inquiry into the facts of the case to insure we've got the right guy? Review to insure that fair procedures were followed?Not exactly. According to the story, here are the sources of the lion's share of the delay (emphasis added):Delays come for many reasons. Death penalties in California and elsewhere trigger a mandatory appeal to a state's top court, and then, if not reversed, through the federal system. These are part…
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