While Labor Day Weekend may still be a couple of weeks away, Texas’ troopers have already announced plans to increase patrols for the four-day period between Friday and Monday, September 4th through 7th. The increase in patrols, says the Texas Department of Public Safety, is an effort to prevent drunk driving and stop DWI accidents […] The post Texas Troopers Increase Patrols as Labor Day Weekend Approaches appeared first on Jay Cohen Attorney at Law | DWI Defense Lawyer Houston TX.
Texas Troopers Increase Patrols as Labor Day Weekend Approaches
↧
↧
Two Wrongfully Convicted Men Will Sue L.A. County for Police Misconduct
Los Angeles County police may face consequences for their roles in the wrongful conviction of two men who spent decades in prison for crimes they did not commit. According to the Los Angeles Times, a federal appeals panel ruled Wednesday that Frank O'Connell and Francisco Carrillo, Jr. may sue Los Angeles County after police failed to turn over exonerating evidence in their cases. O’Connell was convicted of murder in 1984, but was exonerated and released in 2012 when Superior Court Judge Suzette Clover found that sheriff's detectives had failed to disclose evidence that excluded him from the crime to either the prosecution or the defense. Carillo was convicted of killing a man in a drive-by shooting and served 20 years. He was released in 2011 when Superior Court Judge Paul A. Bacigalupo ordered his release, ruling that key eyewitness testimony against him was unreliable. Carillo alleges that the sheriff’s deputy knew that an eyewitness had trouble…
↧
2 vehicle injury crash near Wendell
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000 Fax (208) 324-7897 For Immediate Release: August 27, 2015 3:10 p.m. Please direct questions to the District Office On Thursday, August 27, 2015, at approximately 12:45 p.m., the Idaho State Police investigated a two-vehicle injury crash on Interstate 84 at milepost 151, west of Wendell. Jordan Phillips, 28, of Boise, was driving eastbound in a 1997 Mercedes passenger car. Pinchuk Oleksandr, 32, of Orangevale, California, was also eastbound in a 2011 Volvo semi truck. The Mercedes struck the back of the semi. Phillips passengers, Nikoa Phillips, 32, of Boise, and an infant, were transported via ground ambulance to North Canyon Medical Center in Gooding, Idaho. All occupants were wearing seatbelts. There was no…
↧
Kangaroo court in Waco: No reason needed to arrest packing pastor with CCL
Gun ownership is on trial in Waco, so why aren't the NRA and all the open-carry advocates going nuts over what's happening in Waco regarding prosecutions from the the Twin Peaks biker massacre?In McLennan County, visiting Judge James Morgan ruled after an examining trial that there was sufficient cause to have arrested a 65-year old concealed carry permit holder who wasn't wearing a biker cut but a Christian t-shirt (he's chaplain to the Bandidos and two veterans groups) because he was carrying legal personal weapons. The judge declared there was probable cause to support an arrest even though no police "officer could offer evidence that Yager conspired to commit murder, assault or any crime that day" Like everyone else arrested that day, Yager's bail was initially set at $1 million.An earlier examining trial found probable cause to arrest a Brenham couple even though police agreed they were "merely present at a murder" that there…
↧
McAdams on Empathy and Masculinity in To Kill a Mockingbird
Richard H. McAdams (University of Chicago Law School) has posted Empathy and Masculinity in Harper Lee's to Kill a Mockingbird (Ch. 13 (pp. 239-261) in American Guy: Masculinity in American Law and Literature, edited by Saul Levmore and Martha C....
↧
↧
Electric Vehicle Dwell Time
According to the June 18, 2015 webinar presented by the California Pollution Control Financing Authority’s (CPCFA) CalCAP Electric Vehicle Charging Station (EVCS) Financing Program, these are the types of small businesses who would be a good fit for the program: 1. Vehicle Manufacturers,2. Fleet owners,3. Retail and Commercial Businesses,4. Developers, and5. Landlords and HOAs.Let’s talk about dwell time …How much time will the EV driver spend in the “electrified” parking lot? Business owners must consider dwell time when deciding between Level 2 or DC Fast Chargers. However, not all electric vehicles support DC Fast Chargers (aka Level 3), but all EVs support Level 2.
↧
Utah Reaffirms Its Liberal Preliminary Hearing Standard
Binding Over a Case at Preliminary Hearing is Easy The Utah Supreme Court recently reiterated how easy it is for the state to get a bind over order at a preliminary hearing. The preliminary hearing is a “probable cause” hearing that requires the state to put on evidence that would permit the judge to bind over the case for trial, that is, to find there is enough evidence to move forward with trial. This usually requires the prosecutor to call witnesses, introduces documents, pictures, videos and other tangible items, and otherwise provide the court with proof of the crime. The judge then considers all of the evidence in the light most favorable to the state and decides whether the evidence is enough to present to a jury to determine guilt or innocence. Prior to 2001 the amount of proof a prosecutor had to present to the court in a preliminary hearing had to be enough “from which the trier of fact could conclude the defendant was guilty of the offense as…
↧
Frost v State - Special Mens Rea means you have to stipulate stipulate stipulate
Frost v. State, __ GA ___, S14G1767, Reversed, Supreme Court of Georgia, June 15, 2015. In Frost v. State, the Georgia Supreme Court reversed the Georgia Court of Appeals finding in Frost that under OCGA 24-4-417 prior DUIs offered to establish knowledge of the Defendant were admissible even if the prior DUI convictions involved refusals and not breath tests. In this case the Defendant was arrested in 2012 after he hit a gate at his condominium, backed out of the driveway, entered another gate, parked, and sat in his car while drinking wine and listening to loud music. The Concierge walked to the car observed the Defendant sitting in his car and went to call the police. The police came and observed the Defendant drinking in his car and alternatively sleeping and had him exit the vehicle. The Defendant refused all field tests. He was arrested and refused the state breath test. The state sought to use two prior DUI cases against him to prove knowledge that DUI is…
↧
New Law Allows More DUI Offenders to Apply for Driving Privileges
On August 26, 2015, Public Act 099-0467, eliminating statutory hard times, was signed into law by Governor Rauner. The legislation was sponsored by Rep. John D’Amico and will become effective January 1, 2016. The legislation eliminates all ‘hard times’ under current law. Simply put, these are statutory periods during which a driver could not obtain relief from certain periods of a statutory summary suspension (‘SSS’) or DUI revocation. This includes: 1. First offender SSS – Drivers will be eligible for a Monitored Device Driving Permit (MDDP) from day 1 of the suspension (currently cannot obtain a permit until the 31st day of the SSS); 2. Second offender SSS – Drivers will be eligible to apply for a Restricted Driving Permit (RDP) from day 1 of the suspension (currently cannot obtain any driving privileges during the entire length of the suspension – generally ranging from a period of 1-3 years). Additionally, drivers with…
↧
↧
North Dakota Legalizes Weaponized Police Drones
A new law passed in North Dakota legalizes police drones outfitted with “less than lethal” weapons. This drone is flown in a demonstration in Simi Valley, California, October 19, 2011. The tiny drone with four whirling rotors swoops back and forth about 200 feet above the ground scouring the landscape and capturing crystal-clear video of what lies below. (Gary Friedman/Los Angeles Times/MCT) Police in North Dakota can now use drones equipped with tasers, tear gas, and rubber bullets. The original intent of the bill was to require police to obtain warrants for the use of drones. The original bill banned the use of weapons on drones, but due to opposition from drone makers and a lobbyist for the North Dakota Peace Officer’s Association. The sponsor of the bill, Rep. Rick Becker initially wanted to ban weapons from drones, but caved due to pressure from lobbyists. “In my opinion there should be a nice, red line,” the Republican…
↧
MLMs as Pyramid Schemes (Vemma Shut Down)
Multi-level marketing companies – – MLMs for short – – go to great lengths to distance themselves from pyramid schemes. The Direct Selling Association (a lobbying group funded by multi-level marketing companies that helps ensure our government continues to allow MLMs to operate) says that legitimate MLMs have legitimate products or services for sale and base compensation primarily on the sales of projects. In contrast, they say that pyramid schemes focus on recruiting and base compensation on recruiting. In reality, multi-level marketing companies have products that are simply a “front” for the real business, which is recruiting. They talk about all the riches distributors can earn, knowing that almost everyone who participates will lose money. (And when those losses inevitably occur, the companies say it is the fault of the distributors who must not have worked hard enough.) And yesterday, the FTC took steps toward shutting down one MLM,…
↧
Steroids and Utah High School Athletes
Use of steroids, otherwise known as doping, continues to be common among Utah high school athletes. Using steroids is a dishonest way for players to get ahead in their sport, and it can have long lasting effects on their overall health. What are steroids? The technical term for steroids is performing-enhancing drugs. Performing-enhancing drugs do […] The post Steroids and Utah High School Athletes appeared first on Salt Lake Criminal Defense.
↧
Culpable States of Mind - Negligence
Maine's criminal laws are almost always interested in what was going through your mind, when you're accused of committing a crime. What you were thinking is a crucial element of many crimes in the state, and having what is called a “culpable state of mind” is required, in order to be convicted on many criminal charges. If you aren't proven to have had the required culpable state of mind for a crime, then you can't be convicted for that crime. To make things easier, Maine has set out four different states of mind. These are: Intent Knowledge Recklessness Negligence The criminal statutes of Maine will often include a statement about which of these categories is required, in order for you to be convicted for violating that law. Elsewhere in this blog, we've discussed intent, knowledge, and recklessness. Now, we'll delve into what negligence means. According to Maine's law, criminal negligence is when you fail to be aware of the risk…
↧
↧
//blawgsearch75.rssing.com/chan-6519914/article13854-live.html
United States v. Mujahid, No. 11-30276 (8-27-15)(Christen with Wallace and Wardlaw). Can the federal sexual assault statutes reach into state or local jail facilities housing federal inmates? Yes, holds the 9th, against a facial challenge. The defendant was arrested for being a prohibited possessor for a firearm. While facing this charge, he was held in a state facility (Alaska) with which the US Marshals contracted for housing. While being held, he sexually assaulted fellow inmates. He was then charged with a various federal sexual assault offenses (2241, 2242, and 2244). He was convicted of four counts of aggravated sex abuse at trial. On appeal, the defendant renewed his argument that federal jurisdiction was not proper under Article I of the Constitution and the 10th Amendment. Police power, especially under the statute's 2006 amendments, rested with the states. The 9th upheld federal jurisdiction. There…
↧
Rehab Flops
We are often told that alternatives to prison will do as well to protect us, will cost less, and will mark a step forward in our humanity. Leading the list of alternatives is more "investment" in rehabilitation.Only one thing.It doesn't work.An expert with the Heritage Foundation (which disagrees with me on sentencing reform), spills the beans. David Muhlhausen writes:The Department of Labor has released the results of its two-year evaluation of the federal program Reintegration of Ex-Offenders (RExO), designed to help ex-offenders find employment and reduce recidivism.The evaluation provides evidence that the RExO grants are ineffective. While disappointing, the results are not surprising: Failure is the norm for federal social programs.The program began as a combined initiative of the U.S. Departments of Labor and Justice and other federal agencies in 2005. It provides grants to local organizations to administer employment-focused prisoner…
↧
Despite copious reform talk, big and tough federal drug sentencing system churns on
↧
News Scan
Parole Recommended for Charles Manson Follower: Parole officials announced Thursday that, after 43 years in prison and 30 parole hearings, they have decided that it is safe to free one of Charles Manson's followers. Don Thompson of the AP reports that 72-year-old Bruce Davis, serving a life sentence for two counts of first degree murder and conspiracy to commit murder and robbery in the slayings of musician Gary Hinman and stuntman Donald "Shorty" Shea in 1969, has had similar parole recommendations blocked three times, once by former Gov. Arnold Schwarzenegger and twice by Gov. Jerry Brown. Brown has stated that Davis is still a danger to the public despite his age. Though Davis was not a participant in the highly-publicized murders of actress Sharon Tate and six others, "the lesser-known slayings are plenty to keep him behind bars," says Los Angeles Deputy District Attorney John Morris. Gov. Brown will decide on…
↧
↧
Arkansas political corruption case showcases corruptness of federal sentencing guidelines
↧
A Sick Cop Destroyed My life and Judge helped him too.
Three years a go while I was drove in highway I was coming back from a fashion show and dressed fashionably, but I and drove on the right milage. However, a cop stopped me as soon as he saw I dressed fashionably and talked to me like he just coming back from a big fight. Still I can not believe that he gave me an Aggressive driving ticket and state low law does not allow me to defeat myself. My life is destroyed, I had to stop my education and can not go to ASU anymore, all employers ignore me as soon as they do the background check, and no attorney can’t help me to remove this off of my background. First of all this is an unfair ticket in my background, and second this kind of ticket and law bring a big shame to the state law. How come if someone comes up with “Aggressive Driving Ticket” have to be dead or at least leave the state? Is this follow human rights? Who think this is fair Law? The post A Sick Cop…
↧
How Long Must I Pay
First of all let me say I was wrong but have long paid the price and continue to pay. I am a 51 year old male from Somerville, Tennessee. My troubles started early on in life due to undiagnosed mental illness. I became very unruly and defiant upon having running thoughts and low voices in 1977. I quickly began drinking and drugging to slow down the thought and function without the voices. Later that year began my trips to institutions and breaking the law. Over the next few years my mental illness and addiction progressed to out of control. This accumulated into more trips to juvenile justice and institutions. In 1982 I became an adult and my addiction was full blown. I was diagnosed later that year as manic depressive after being arrested and attempting suicide. There was no other follow up or medication process afforded me. I was left to deal with untreated mental illness and drug addiction. I was convicted of a burglary in 1983 and a drug charge and burglary in 1991…
↧
More Pages to Explore .....
