The Massachusetts legislature has recently adopted a definition of controlled substances that includes "controlled substance analogues," or what is commonly known as "designer drugs." The Massachusetts law is modeled on a similar Federal law that has already been put into place. This added definition would make criminalize analogues in the same way that the named controlled substances are criminalized, such as possession of the substance or distribution of the substance. A controlled substance analogue is a substance that is similar in chemical structure and psychological effect to an existing controlled substance but has not yet been listed as a controlled substance. So in the statute, the analogues are not specifically listed by any name but are generally defined as a substance "substantially similar" to other controlled substances already listed. The way the statute is written, a two-prong test is created for proving an analogue.…
New Massachusetts "Designer" Drug Law Could Create Confusion
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Sentencing Reform's True Agenda: Violent Crime Bonanza
Does Congress want to start down the path to a renewal of the violent crime wave that killed and injured so many thousands of Americans in the Sixties, Seventies and Eighties? One would hope not. But if a sentencing reform bill advertised as principally helpful to "low-level, non-violent" drug offenders gets traction, that is exactly where we're headed. This conclusion is obvious, though (wisely) muffled, in a recent New York Times piece by Erik Eckholm. Toward the end of the piece, Mr. Eckholm says:But in many...states, including Michigan, New Jersey and New York, drug sentences are already reduced. There is no avoiding the politically poisonous question of releasing violent offenders or reducing their long sentences. "We need to start what's going to be a long and difficult conversation about violent crime," [Ryan] King [a sentencing reform expert] said.I was startled by these calculations for New Jersey, for example: Cutting in half…
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Wine, White-Collar Crime and You.
A conference with elan. The ABA Southeastern White Collar Crime Institute near Atlanta on September 10 and 11, 2015 is a good event at a nice place (Chateau Elan) for white-collar practitioners. Sharman speaking again? They are letting me speak at the conference, but do not let that dissuade you from attending. The faculty list is comprehensive and the topics timely. Plus, it’s at a winery. Here are some of the topics: The Effective Use of Criminal Discovery: Tactics for the Defense and the Government Litigating Prosecutorial Conduct: The Line Between Ethics and Tactics The Foreign Corrupt Practices Act (FCPA) and Other International Bribery Crimes: When Other Nations Join the Enforcement Party Supreme Court Update and Other Notable Developments in Criminal Law A View from the Top: A Look at Federal Law Enforcement Initiatives You Can’t Always Get What You Want: Sentencing Issues in Economic Crimes and the Limitations of USSG § 2B1.1 …
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The San Diego DUI Innocence Files- Taking a Nap
Everyone knows NOT to drink and drive. Those that work with alcohol forensic toxicologists and criminal cases that involve alcohol and other drugs know that it is a tricky drug. People begin to drink, and their judgment is affected. One can lead to two, can lead to shots, can lead to intoxication. People can also naturally be having a good time, and drinking is part of the good time. Once judgment is affected, people can make bad decisions that can affect the rest of their lives. They may want to be home so bad that they risk it. An impromptu liaison can lead to a decision to evacuate a bar or club sooner than expected. However, under the law, they are all liable for their decisions and actions- voluntary intoxication is not a defense to drinking and driving. How we handle it is different. One young man decided to pass out. In his car, with fast food and the air conditioning on. A person walking by saw him passed out,…
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ISP TRAFFIC STOP LEADS TO DRUG ARREST
IDAHO STATE POLICE DISTRICT 6 1540 FOOTE DRIVE IDAHO FALLS, ID 83402 208-525-7377 FOR IMMEDIATE RELEASE On August 12, 2015, at approximately 5:11pm, the Idaho State Police conducted a traffic stop on Sunnyside Road near Interstate 15. The driver, Cesar G. Herrera-Sanchez, 37 , Billings Montana, was arrested for driving under the influence of drugs. The trooper located inside Herrera-Sanchez's vehicle approximately 4.67 ounces of methamphetamine and approximately 18.10 grams of heroin. The approximate value of the drugs is $7,000.00. The passenger of the vehicle, Christopher L. Haynes, 29, Billings Montana, was also arrested due to the drugs in the vehicle. Both Herrera-Sanchez and Haynes, were booked into the Bonneville County Jail for Trafficking Heroin and Methamphetamine as well as possession of drug paraphernalia. Herrera-Sanchez was also charged with Driving Without Privileges and Driving Under the Influence.
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Four-vehicle crash westbound I-184 at milepost 3.5
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: 8/14/2015 5:12 p.m. Please direct questions to the District Office On Friday, August 14, 2015, at approximately 10:14 a.m., the Idaho State Police investigated a four-vehicle, injury crash westbound I-184 at milepost 3.5, west of the Fairview off-ramp. Horace Hunt, 58, of Boise, was westbound on I-184 at milepost 3.5 in a 2004 Volvo XC70 station wagon in lane two when he struck a deer. Hunt drove to the median shoulder, but was partially blocking lane one. Cindy Nielsen, 61, of Boise was in lane two in a 2011 Ford Econoline van. Christine Pietz, 45, of Flagstaff, AZ, was behind the Econoline van in a 2004 Honda Odyssey. The Econoline van slowed down because of the…
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Five-vehicle crash westbound I-84 at milepost 44
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: 8/14/2015 5:27 p.m. Please direct questions to the District Office On Friday, August 14, 2015, at approximately 2:38 p.m., the Idaho State Police investigated a five-vehicle, property damage crash westbound I-84 just before the 44 off-ramp. David Foruria, 54, of Emmett, was westbound on I-84 in a 1987 Ford Bronco. Leah Clements, 55, of Fruitland, was ahead of the Bronco in a 2008 Toyota Camry. Kholbek Boynazarov, 19, of Meridian, was ahead of the Camry in a 2010 Dodge Charger. Sharon Anitok, 54, of Boise, was ahead of the Charger in a 2009 Subaru Forester. When traffic ahead slowed, Foruria braked, but the Bronco struck the rear of the Camry. The Camry then struck the…
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PORTLAND FALSE RAPE REPORT- THESE THINGS HAPPEN.
Posted By Edmund FolsomAugust 14, 2015PORTLAND FALSE RAPE REPORT- THESE THINGS HAPPEN.On Wednesday, August 12, 2015, a 34-year old woman (who at this point remains publicly unnamed) reported that she was raped at midday on Portland’s Back Cove trail. According to press reports yesterday and in the morning paper today, the woman reported that she was forced into an area of tall grass near I-295, where she was raped by a white man, late 20’s or early 30’s, average build, 6′ 1″ to 6′ 3″, dark hair and a goatee, wearing shiny red shorts and a black or navy blue tank top. The woman reported that 2 passers-by shouted at her attacker, causing him to flee. Afterward, the woman drove herself to the hospital and reported the rape. But if she was raped in the tall grass, and if the passers-by shouted at the attacker, causing him to flee, the passers-by must have witnessed the rape in progress. How odd it is, then, that the…
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PORTLAND FALSE RAPE REPORT- THESE THINGS HAPPEN.
Posted By Edmund FolsomAugust 14, 2015PORTLAND FALSE RAPE REPORT- THESE THINGS HAPPEN.On Wednesday, August 12, 2015, a 34-year old woman (who at this point remains publicly unnamed) reported that she was raped at midday on Portland’s Back Cove trail. According to press reports yesterday and in the morning paper today, the woman reported that she was forced into an area of tall grass near I-295, where she was raped by a white man, late 20’s or early 30’s, average build, 6′ 1″ to 6′ 3″, dark hair and a goatee, wearing shiny red shorts and a black or navy blue tank top. The woman reported that 2 passers-by shouted at her attacker, causing him to flee. Afterward, the woman drove herself to the hospital and reported the rape. But if she was raped in the tall grass, and if the passers-by shouted at the attacker, causing him to flee, the passers-by must have witnessed the rape in progress. How odd it is, then, that the…
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Green on Reverse Broken Windows
Christopher R. Green (University of Mississippi - School of Law) has posted Reverse Broken Windows (Journal of Legal Education, Forthcoming) on SSRN. Here is the abstract: On March 4, 2015, the Department of Justice released two reports related to Michael...
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"Computer searches and the problem of withdrawn consent"
Orin Kerr has this post at The Volokh Conspiracy. In part: Computer searches usually happen in two stages. Agents take the computer, make a mirror image copy of its hard drive on a government storage device, and then search the...
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DC Murders Rise, Many Involving Recently Released Prisoners
The title of this post is taken directly from an article in the Crime Report -- a publication of the Center on Media, Crime and Justice of the John Jay College of Criminal Justice in New York City, hardly a bastion of right wing thinking. It states:More than 10 percent of Washington, D.C.'s spiking number of homicides this year have involved previously known violent offenders who have recently been released from prison, says Police Chief Cathy Lanier said yesterday, the Washington Post reports. Lanier said that of 91 homicides this year, ten offenders "have previous homicide charges and are recently back in the community," He added: "Ten. That's significant and it's different from anything we've seen before," she said. Fifty-five of the homicides still are open cases.Lanier, who addressed reporters with Mayor Muriel Bowser, said that she still did not know what was driving the city's rising homicide count, up 28…
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Fatal Crash on US 93
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 6 1540 Foote Dr. Idaho Falls, Idaho 83402-1828 (208) 525-7377 FAX: (208) 525-7294 For Immediate Release: 08/14/15 9:43 P.M. Please direct questions to the District Office On August 14, 2015, at approximately 3:50 P.M., the Idaho State Police investigated a single vehicle crash on US Highway 93 at milepost 324. Carl Kiser, 42, of Jerome, was driving a 2007 Chevrolet Silverado pickup northbound when he drove off the right shoulder, overcorrected, and then drove off the left shoulder. The vehicle overturned, and struck a power pole, coming to rest on its top. Kiser was not wearing a seatbelt, was ejected, and succumbed to his injuries at the scene. Next of kin has been notified. The crash is under investigation by the Idaho State Police. hg / jw -------------
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Buffalo Sabres Ryan O’Reilly Charged with DWI
According to a recent news article from Sports Illustrated, Ryan O’Reilly, a center for the Buffalo Sabres in the National Hockey League (NHL), was recently charged with driving while intoxicated (DWI). This DUI arrest occurred in Canada when O’Reilly was allegedly driving under the influence (DUI) of intoxicating alcohol in the Ontario Provence. The provincial police also charged him with fleeing the scene of an accident (hit-and-run). The DUI crash allegedly occurred around 4 a.m. when his pickup truck crashed into a commercial building. The business into which he allegedly crashed was a Tim Horton’s. Tim Horton’s is a doughnut and coffee chain, popular in Canada, that is beginning to open more stores in the United States. Authorities say O’Reilly was arrested following a single-vehicle crash, after which he and an unknown number of occupants fled the scene of the accident on foot. Provincial police caught up with him on a nearby…
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The Whiniest Profession?
The writer uses a pseudonym, Atticus Grinch, and with good reason. His snarky, self-indulgent whining could potentially win him the title, Prince of the Slackoisie, despite stiff competition. I was at a fundraising event downtown—accountants, doctors, entrepreneurs and engineers mingled about, cocktails in hand. A young, smug-faced finance guy with expensive shoes came up to me, shook my hand and asked what I did for a living. “Lawyer.” A smirk began to curl on his lips and he said: “Hey, what do you throw to a drowning lawyer? His partners.” Did he laugh? No. Did he cry? No. He did what a self-indulgent whiner does: his thoughts devolved to himself. Little did he know that earlier that day, I had spent an hour of unbillable time researching effective suicide methods on lostallhope.com. If his life is so miserable that he’s seriously contemplating suicide, then it strongly suggests one (or both) of two things. He’s…
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The Train To Nowhere
My good buddies at Avvo throw a party for themselves every year in Vegas. You know, that place where whatever happens stays there? When they got thin on in-house cheerleaders to lead the chorus in singing their praises, they decided to try something new, the Avvo flavor of Ignite Law. In fairness, I’m a little miffed that I didn’t know about this sooner, as I would have submitted my bid for an all-expenses-paid trip to Vegas on Avvo’s dime: Lose the iPad for the yPad: Why buy shiny when you already have yellow on your desk? But I didn’t know about the contest, and can’t compete with the seven minute blitzkrieg of “Bringing Sexy Back: Do you know what your contracts say?” or “Corporations are people too: Solving this other A2J-like problem is a huge opportunity.” Important stuff, right? Oh wait, Avvo doesn’t actually pay the freight? They have to pay Avvo to get a slot to market…
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Kickback Violations Lead to $49 Million in Whistleblower Settlements
In two separate cases earlier this year, the Department of Justice settled significant False Claims Act cases brought by whistleblowers against a pharmaceutical manufacturer and a medical facility for violating… read more → The post Kickback Violations Lead to $49 Million in Whistleblower Settlements appeared first on .
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How to Protect Yourself if Your Former Spouse Refuses to Pay Debts
After a divorce (called dissolution of marriage in Washington State), most people feel relieved and ready to move on with their lives. Unfortunately, in some instances the divorce decree is not the end of their dealings with their former spouse. Of course there are people who have children together – as we’ve all witnessed these former spouses are bound for eighteen years (or in most cases life), but even former spouses that do not share children may be bound through their shared debts. While a property division as part of the divorce decree may assign community debts to one party or the other, this assignment does not impact the agreement the spouses already made with the credit card company, mortgage company, or other financing institution to be jointly and severally liable for any remaining debt. This means the creditor could still come after the party that was not assigned a debt if the assigned party does not pay. There are a few ways to help reduce…
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Saturday Open Thread
I'll be back soon, hopefully by tomorrow. Here's an 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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What are some Jail alternatives for my DUI conviction?
In the Seattle Metro Area there are several Jails where to serve your DUI Jail time. These Jails tend to be more comfortable than the County Jails, albeit, you have to pay for the privilege to serve your time. Remember,...
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