Congratulations Florida. Another person has DIED again on our dangerous roadways. As if the horrible deaths of Brittany Musumeci and Alexis Musumeci on Saturday night were not bad enough, we had to start the week with the death of 3 year Trinity Handy on S.R. 82 in Fort Myers. (Some reports lists her name as Trinity Hardy.) This is the THIRD fatal crash on S.R. 82 this month alone! It is also the SECOND time a young child was killed. In the past four years, State Road 82 has had almost 200 accidents, 13 fatalities, and over 230 injured people. You don’t have to be an engineer to know that is an UNACCEPTABLE amount of death and injury. As a result, this case presents a very serious legal issue – whether or not the State of Florida has negligently made and maintained a killer roadway. This is not only a legal issue, it is also a matter of great public importance and safety. IS THE GOVERNMENT RESPONSIBLE? This is not…
[LEGAL] Trinity Handy Killed In Ft. Myers Car Accident; Monique Harris Injured
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Trinity Handy, Age 3, Killed in Fort Meyers Rear-End Accident
Congratulations Florida. Another person has DIED again on our roadways. As if the horrible deaths of Brittany Musumeci and Alexis Musumeci on Saturday night were not bad enough, we had to start the week with the death of a 3 year old girl in Fort Meyers. In this case, Trinity Handy and Taqueria Handy, ages 3 and 4 respectively, were passengers in a Toyota Camry driven by their mom Monique Harris. Three year old Trinity was killed when a pickup truck rear ended another vehicle, causing a chain reaction crash. Monique Harris and Taqueria Hardy were not killed, but were hospitalized with serious injuries. This case presents a very serious legal issue. According to news reports this specific area of roadway is known for having numerous accidents. In fact, an eye witness familiar with area claims that he sees 2-3 accidents there a WEEK. IS THE GOVERNMENT RESPONSIBLE? This is not the first case we have covered where the Government was…
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3 Things Donald Trump’s Crazy Candidacy Teaches Us about Los Angeles DUI Prevention
Even if your life has been turned upside down by a Los Angeles DUI arrest, you probably have been paying at least some attention to the political news. In this post, we’ll explore 3 lessons about DUI defense courtesy of the bizarre, eyeball grabbing GOP nomination bid of real estate tycoon, Donald Trump. WASHINGTON, DC – JULY 23: Donald Trump listens at the Trump International Hotel Washington, D.C Groundbreaking Ceremony at Old Post Office on July 23, 2014 in Washington, DC. (Photo by Paul Morigi/WireImage) The billionaire magnate’s controversial campaign has been fueled in part by Trump’s attention getting gambits, high profile virtual catfights with celebrities and candidates and general atmosphere of anger and distresses among voters. So what can this candidacy teach us about something so seemingly afield? 1. Don’t be afraid to fight back. It’s easy to make the argument that Trump “fights back” way too hard and against targets…
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Oklahoma Governor Delays Execution Due to Drug Question
From the OK Gov:I, Mary Fallin, Governor of the State of Oklahoma, pursuant to Section 10 of Article 6 of the Oklahoma Constitution, hereby grant a stay of the execution of Richard Eugene Glossip of thirty-seven days from the current scheduled date of execution, September 30, 2015. This stay is ordered due to the Department of Corrections having received potassium acetate as drug number three for the three-drug protocol. This stay will give the Department of Corrections and its attorneys the opportunity to determine whether potassium acetate is compliant with the execution protocol and/or to obtain potassium chloride. The execution for Richard Eugene Glossip is therefore scheduled for Friday, November 6, 2015. Technically that is a reprieve, not a stay. The referenced section of the state constitution says, "The Governor shall have power to grant after conviction, reprieves or leaves of absence not to exceed sixty (60) days, without the action of the Pardon and…
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Taking Care of Young Children After You’ve Been Arrested for Los Angeles DUI
Many people have a cartoonish view of what a Los Angeles DUI defendant looks like. Obviously, driving under the influence – or even close to under the influence – is dangerous business, and it can (and does) lead to thousands of death and countless injuries and traumas every year. However, DUI defendants are people too – people with jobs, lives and families. What happens if police arrest you for this crime, but you need to take care of young children? Here are some thoughts: 1. Going to jail is obviously tremendously disruptive… but so is losing your driver’s license! When you can’t drive your kids to school, or to play dates, or to the grocery store, life can feel pretty chaotic and frustrating. Start researching contingencies regarding child care and errands ASAP. For instance, you might want to ask a relative or lean on a spouse or partner to step up and provide temporary extra help. 2. Use this situation as a teaching tool. You…
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Introducing Minnesota's First and Only ACS-CHAL Forensic Lawyer-Scientist: Chuck Ramsay
Oyez Oyez! Hear ye, hear ye: Chuck Ramsay has received the prestigious “ACS-CHAL Forensic Lawyer-Scientist” designation from the American Chemical Society. Today marks the formal announcement that Attorney Chuck Ramsay is the first and only Minnesota lawyer to earn the honor, and the official title, of ACS-CHAL Forensic Lawyer-Scientist. Chuck joins an elite group of just 31 attorneys nationwide who have received the designation. Like PhD, or MBA, the ACS-CHAL Forensic Lawyer-Scientist designation signifies the attainment of advanced knowledge within a given field. Already known as a skilled and experienced trial lawyer, the ACS-CHAL Forensic Lawyer-Scientist designation is a recognition of Chuck’s specialized forensic knowledge, and his innovative, effective use of science in the courtroom. Chuck received this honor from the American Chemical Society (ACS), a non-profit organization, chartered by Congress, with more than 161,000 members. (The Chemistry and…
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Restorative Justice: Helping Exonerees and Victims Heal
In an article published today on Slate.com, writer and attorney Lara Bazelon explores meaningful efforts that are being made to help the people most affected by wrongful convictions—exonerees and victims of crime who contributed to sending the wrong people to prison—to cope and heal. As anyone who has heard a story of wrongful conviction knows, the road to recovery can be a long one not only for exonerees, but also for the victims; they can suffer first from the crime and again when they learn that the wrong person was punished and the perpetrator remained free. Sadly, there are few resources available to help either party deal with the challenges of coming to terms with a wrongful conviction. To fill the void, a select group of organizations geared at addressing problems within the criminal justice system have started unique initiatives based on principles of restorative justice to foster healing for both exonerees and victims. Restorative justice, according to…
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Education Secretary calls on state and local governments to "put a new emphasis on schools rather than jails"
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Oklahoma Gov grants 37-day "stay" of Richard Glossip's scheduled execution
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Missouri Supreme Court considering constitutional challenge to lifetime sex offender registration for 14-year-old offender
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Oregon on the verge of becoming third state with lawful recreational marijuana sales
In a few hours, Oregon will officially join the ranks of Colorado and Washington as states with functioning state-authorized marijuana sales for recreational purposes. This lengthy Oregonian article, headlined "Pot won't be for sale in many Oregon cities," provides the basic lay of the land on the eve of a...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/reJZ0tMA21E" height="1" width="1" alt=""/>
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Sexual Abuse in the Medical Field
Those in the medical field such as doctors, chiropractors, and physical therapists spend a lot of time hands-on with their patients, but taking an examination too far can quickly evolve to charges of sexual abuse. Chiropractor accused of groping female patients A Utah chiropractor was charged on Monday with sexual abuse of his female clients. […] The post Sexual Abuse in the Medical Field appeared first on Salt Lake Criminal Defense.
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Retrograde Extrapolation, or How the DUI Prosecutor Tries to Go Back in Time, Part 1
When addressing the concerns of prospective client in free consultation there are lists of standard questions, but I have questions that I wished clients asked. For instance, nearly everyone is concerned that they were not given their Miranda Rights- which was addressed in a blog post here. Rarely do they ask how they their BAC is determined when they were driving. DUIs are charged under two statutes in nearly every jurisdiction in the United States. In California, VC 23952(a) is driving under the influence of a drug and/or alcohol, and VC 23152(b) is driving with a BAC greater than .08% BAC. So a common sense question is, how can the prosecution prove the BAC when it was not tested while driving? Most citizens don't walk around with knowledge of what the DUI laws in their respective jurisdictions, so the question sometimes comes up. Or, I educate them on the answer. Basically, the prosecution has to go back in time. This is…
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Suicide attempts at TDCJ spiked so far in 2015
The average monthly number of suicide attempts among prisoners under TDCJ custody increased 28 percent so far in 2015, from an average of 81.7 attempts per month in 2014, to an average of 104.5 attempts per month, according to a document forwarded to Grits titled "Emergency Action Center, Select Statistics, August 2015." The number of successful suicides, however, stayed the same, at an average of 2.6 per month both years (from a low of 0 some months to a high of 5, system-wide). Thirty-one people successfully committed suicide in TDCJ in 2014; 21 had done so as of this August 2015 report.According to the same document, the ratio of suicide attempts in 2014 was the highest in recent history at 64.1 per 10,000 offenders, and the monthly totals are higher, even, this year. Before that, th ratio was 50.3 per 10,000 in 2013 and hadn't topped 50 the decade prior.Major use of force by staff was slightly higher in 2015 compared to last year, and in 2014 the rate…
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Fatal Automobile-Pedestrian Crash
This is a story of tragedy out of Paige, Texas. 34-year-old Amos Pierce was struck and killed as he walked along the shoulder of a road. The driver was a 17-year-old in a pickup truck. The crash happened at 8:50 …The post Fatal Automobile-Pedestrian Crash appeared first on Colorado Springs Accident Attorney | Quality Legal.
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The Rewards of Backing Sentencing "Reform"
There have been two very important conservative-leaning groups backing sentencing "reform": The Heritage Foundation, which has been interested (as am I) in reform of non-mens rea criminal statutes; and the Koch Foundation, funded by the wealthy and libertarian Koch brothers. Without those backers, it's questionable at best how much Republican support -- support essential in the current, Republican-dominated Congress -- sentencing "reform" would ever have obtained.In the sentencing bill to be introduced tomorrow, there will be no effort whatever to achieve mens rea reform. Perhaps this will give Heritage cause to reconsider its position, although I have no information on that score.The Koch brothers will be getting something different from merely being ignored. Their reward for signing on to sentencing "reform" will be, Politico reports, a full-scale attack from their erstwhile allies.Welcome to the snakepit of…
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California's New Death Row -- Virginia
The title of this post is taken from Debra Saunders' spot-on and mind-bendingly ironic column in today's SF Gate. As Ms. Sauders notes:California has a new Death Row -- it's called Virginia. Death penalty opponents, federal judges and defense attorneys have been so successful at blocking capital punishment in California that a San Quentin Death Row inmate has more to fear from being extradited for a capital murder to another state than seeing his sentence carried out here. There has been no execution in California since a federal judge effectively halted the practice in 2006.There is undoubtedly someone more deserving of execution than the killer facing his imminent punishment in Virginia, but it's hard to think of one off-hand:Take serial killer Alfredo Prieto. In 2005, Prieto was on San Quentin's Death Row for the 1990 rape and murder of 15-year-old Yvette Woodruff in Riverside County, when DNA evidence linked him to three 1988 murders in Virginia.…
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*Final Update* US93 milepost 62
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: October 1, 2015 at 1:52 p.m. Please direct questions to the District Office *****Final Update***** On Thursday, October 1, 2015, at 8:45 a.m., the Idaho State Police investigated a two-vehicle, non-injury crash on US Highway 93 at milepost 62, north of Jerome. Michael Isham, 53, of Howe, Idaho, was driving southbound in a 1998 Kenworth semi pulling two trailers loaded with hay. Hayden Isham, 20, of Howe, Idaho, was also driving southbound in a 1996 Peterbuilt pulling two trailers loaded with hay. Michael slowed for a John Deere tractor driving slowly northbound going over a canal bridge and Hayden's semi truck struck Michael's rear trailer. The southbound…
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Can and should the US Sentencing Commission try quickly to help everyone take stock of the SCRA 2015?
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Will Tennessee Adopt The Good Faith Exception ?
Stacey Barchenger reported in today's Tennessean on the oral arguments held yesterday in State v. Reynolds. The issue raised by the Court of Criminal Appeals was whether Tennessee should adopt the good faith exception. Now the Tennessee Supreme Court has the case. Tennessee has not adopted the good faith exception under the Fourth Amendment. In Reynolds, the trial court suppressed Ms. Reynolds blood alcohol test. Ms. Reynolds was charged with vehicular homicide. Reynolds' lawyers filed a motion to suppress her blood tests because her warrantless blood draw. At first, the court denied her motion then granted the motion after medical testimony. In the opinion's concluding remarks, the court wrote that this case would be a case to determine if the officer's actions were covered under the good faith exception rule of Fourth Amendment law. Good faith was not raised by either party on direct appeal. Here is a short definition of what is good…
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