Jesse Cheng (Marquette University) has posted 'Mitigate from Day One': Why Effective Defense Advocates Do Not Prioritize Liberty Over Life in Death Penalty Cases (Ohio State Journal of Criminal Law, Forthcoming) on SSRN. Here is the abstract: When a death...
Cheng on Mitigating from Day One
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Latest Texas exoneration: State hid evidence cop beat suspect while handcuffed, prosecuted victim; FBI says not a one-off
Check out the most recent Texas exoneration from the National Exoneration Registry: Carlos Flores, who allegedly was beaten by San Antonio Police Officer Matthew Belver while handcuffed, then charged with assaulting an officer.Flores, a legal permanent resident from Mexico with no criminal record, was charged with assault on a public servant. Flores filed a complaint with the San Antonio Police Department accusing Belver of attacking him while he was handcuffed and asserting that he kicked at Belver in self-defense. Flores said in his complaint that after Belver handcuffed him and placed him in the back of the police car, he told Belver, “I want to kick your ass.” Flores said Belver opened the back door of the police car, yanked him out onto the ground and began beating him while he was still handcuffed. During the tussle, Flores said he kicked Belver in the face.Belver radioed for assistance, but had managed to put Flores back into the police car by the…
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DUI Blood Test with Medical Treatment Admissible unless Care Expressly Refused
Your Guide to understanding the DUI blood test with medical treatment warrant exception. A DUI blood test taken by Police for investigating impairment is considered a search and seizure, protected by our 4th Amendment rights. This means that to obtain DUI blood or chemical evidence police would need either consent; or a warrant to order a DUI blood or chemical test. There are exceptions to the requirement of a warrant. One of these exceptions under Arizona Law is DUI blood test or testing incidental to medical treatment. Police can request a blood or chemical test be taken for criminal investigation reasons incidental to Medical Treatment. This exception is often used following an accident, when the police suspect the driver may have been impaired due to alcohol or drugs. If the police have probable cause, they can bypass a warrant, and request a DUI blood or chemical test from the medical provider treating the driver. Under A.R.S. section 28-1388(E), if an Arizona police…
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If I Get Divorced, What Happens to My Pension?
Thousands of Utahans have a pension, and thousands of Utahans file for divorce. Where the two groups overlap, some important legal question arise. What will happen to my retirement savings if I ever get divorced? And how much money can my spouse get? In this article, West Valley City divorce lawyer Andrew Stewart will explain how Utah divides pension money when a marriage is dissolved. The Woodward Formula: How Utah Calculates Pension Rights in Divorce In 1982, the Utah Supreme Court ruled in Woodward v. Woodward that pension plans accrued during a marriage were “subject to equitable distribution.” However, the term “equitable distribution” has a slightly unusual meaning in this particular context. Most of the time, equitable distribution means that the courts will take a variety of factors into consideration in order to divide property in the fairest way possible – not the evenest way possible. Therefore, if one spouse earns significantly less…
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Texas AG Makes Request to Have Felony Charges in Securities Fraud Case Dismissed
Dallas criminal lawyer discusses a recent move by Texas Attorney General Ken Paxton who was indicted on two first-degree felony charges earlier this year. Dallas, Texas – In his most recent attack in fighting two felony charges since being indicted for securities fraud in July, Texas Attorney General Ken Paxton is reportedly seeking to have the case dismissed. Reports say ... Read More The post Texas AG Makes Request to Have Felony Charges in Securities Fraud Case Dismissed appeared first on .
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A New Tax Policy Criterion: Stability
Jason Oh, Will Tax Reform Be Stable?, UCLA School of Law, Working Paper Series Law & Econ. Paper No. 15-16 (2015), available at SSRN. Leigh Osofsky Fairness, efficiency, simplicity, and revenue-raising capability (not necessarily in that order) have long been the hallmarks of good tax policy. In a forthcoming article, Will Tax Reform Be Stable?, Jason Oh introduces a new criterion: stability. Oh persuasively argues that certain tax reform may be more or less stable than others, and contends that it is possible to analyze and predict stability. Moreover, as Oh explains, understanding stability is essential in order to determine the durability of any good (or bad) tax reform. This article is impressive because of both its potential importance and its ambition. Oh is right, of course, that, all else equal, a reform that quickly unravels is unlikely to be as impactful as one that does not. In this regard, the article’s insights are akin in importance to the…
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Mizzou Media, Servant To The Cause
Regardless of the facts, the claims of racism (systemic or individual) and the secondary claims of “pain” of being subject to feeling unvalued, betrayed and vulnerable, the anger turned from the grown-ups who didn’t do as desired to the media who did as expected. In an article that’s striking for having found its way into the Washington Post, an actual newspaper, Terrell Jermaine Starr tries to explain: These student protesters were not a government entity stonewalling access to public information or a public official hiding from media questions. They were young people trying to create a safe space from not only the racism they encounter on campus, but the insensitivity they encounter in the news media. In the outsized conversation that erupted about First-Amendment rights, journalists drowned out the very message of the students Tai was covering. Establishing a “safe space” was about much more than denying the media access; it…
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New Felony DUI Laws in Colorado
New Felony DUI Laws in Colorado Drunk driving laws are complicated. More than that, the penalties are severe. In 2015, Governor John Hickenlooper signed a bill creating a felony-level charge for fourth DUI offenses. Prior to this bill being signed, it was possible for a driver to get anywhere from 3 to 10 DUI convictions without facing anything more severe than a misdemeanor on their record and one year in jail. That means a person convicted of DUI would only receive at most one year in jail. Without the bill, Colorado was one of the four remaining states that didn’t have a similar felony law in place. Under the new law, it will make fourth DUI offenses subject to a class four-felony-level conviction—including up to six years in state prison and up to $500,000 in fines. Push for Stricter Laws Leads to Costly Expenses According to statistics, there are more than 24,000 impaired driving cases every year in Colorado. One of the main groups pushing for this new change…
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“Massive Hack” Reveals What Everybody Knew
Everybody, except maybe The Intercept, who has anything to do with the criminal justice system, knows that you don’t talk about anything that matters on a jailhouse phone*. There are signs by the phones: All Calls Are Recorded. They’re not kidding. They’re not kidding when they say they’re “recorded.” They’re not kidding when they say “all.” And yet, amazement fills the air when people learn that all calls are recorded. AN ENORMOUS CACHE of phone records obtained by The Intercept reveals a major breach of security at Securus Technologies, a leading provider of phone services inside the nation’s prisons and jails. The materials — leaked via SecureDrop by an anonymous hacker who believes that Securus is violating the constitutional rights of inmates — comprise over 70 million records of phone calls, placed by prisoners to at least 37 states, in addition to links…
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Idaho State Police To Release Findings From Investigation of Officer-Involved Shooting in Middleton in March
IDAHO STATE POLICE NEWS RELEASE Teresa Baker Public Information Officer Headquarters 700 S. Stratford Dr., Meridian 83642 (208) 884-7122 Fax (208) 884-7087 For Immediate Release: 11/12/15 at 6:40 a.m. MERIDIAN - The Idaho State Police will hold a news conference this morning at 10:30 a.m. to release the findings of the investigation of the officer-involved shooting on March 18, 2015 after a Canyon County Sheriff's deputy responded to a domestic dispute in Middleton involving Brandon Rapp. Mr. Rapp was fatally injured during the incident. During the news conference Idaho State Police will release evidence that was gathered during the investigation and the findings of the Idaho Attorney General's Office, the special prosecutor in the matter. Location: Idaho State Police District 3 700 S. Stratford Dr., Building 9 Meridian -----------
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"How Parental Incarceration Affects a Child’s Education"
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Illegal Gambling
Online Fantasy Sports Constitute Illegal Gambling in New YorkIn the state of New York, Article 225 of the Penal Code addresses crimes related to gambling. Gambling is defined to include risking something of value upon the outcome of a future contingent event that is not under your control with the understanding that something of value will be provided when a specific outcome is achieved. In particular, gambling usually occurs when someone bets on a game of chance.Gambling is tightly restricted, and is authorized only under certain limited circumstances. Outside of authorized gambling establishments, running games of chance or wagering on games of chance can result in criminal penalties.Just recently, the Attorney General of New York declared that online websites designed to promote betting on fantasy football outcomes are illegal online gambling under New York State laws. This decision has significant reverberations, as ESPN reports that New York has more participants in…
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Scholarship Applications
Johanna Lohman:My activistPyotr Pavlensky is a thirty-one year Russian performance artist and political activist. He studied at the St. Petersburg Art and Industry Academy. He has gained worldwide attention in the last three years for his outrageous public performances, which usually involve some type of self-mutilation. The performances are intended to draw attention to political conditions in Russia. Each one is carefully planned and executed in public spaces with Pavlensky usually releasing statements of explanation after the fact. He has been arrested on multiple occasions for hooliganism and is currently in custody for vandalism after setting fire to a prominent government building.Pavlensky has carried out six major performances since 2012, each in protest to specific government actions. His first well-known performance, entitled Seam, was carried out in May 2012. He showed up near Petersburg’s Kazan Cathedral with his mouth sewn closed. This performance was…
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Case Dismissed For Professor Charged With Columbus Theft
A 50-year-old woman with some mental health issues was going through difficult times at home when she was charged with three Columbus theft charges – all three misdemeanor offenses. The woman was a professor at a university in the area and knew her job would be in danger with even one theft conviction on her [...]The post Case Dismissed For Professor Charged With Columbus Theft appeared first on Columbus Criminal Attorney.
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Tennessee soon to become first state with aminal abuser registry
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Sanctions Against Iran: EU Adopts Three Legal Acts to Prepare for the Lifting of all Nuclear-related Sanctions
On 18 October 2015, the Council of the EU adopted three legal acts for the lifting of all the nuclear-related economic and financial EU sanctions against Iran. First, Council Decision (CFSP) 2015/1863 amends Council Decision 2010/413/CFSP concerning restrictive measures against Iran. It provides for the termination of all Union nuclear-related economic and financial restrictive measures. Moreover, it provides for certain measures in accordance with United Nations Security Council Resolution (UNSCR) 2231 (2015) endorsing the Joint Comprehensive Plan of Action of 14 July 2015 (JCPOA) on the Iran nuclear issue. It also introduces an authorization regime for reviewing and deciding on nuclear-related transfers to, or activities with, Iran not covered by UNSCR 2231 (2015). Second, Council Regulation (EU) 2015/1861 of 18 October 2015 gives effect to Council Decision (CFSP) 2015/1863 by amending Regulation (EU) No 267/2012 concerning restrictive measures against Iran. Third, Council…
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Save Precious Time with buy an essay online ! Old fashioned paper authoring normally requires occasions and quite often many weeks if you’re not fully experienced with the subject. You can easily however protect loads of your time and effort and dedicate it with best freinds and family – you may even get enough time to keep going doing all of your part time work. How’s it doable? Just visited Studycation.com and just let one of our qualified and experienced cardstock freelance writers perform the miracles available for you. Benefits of using our assistance We’re providing superior quality formulating expertise due to the fact 1997, and you may only use our report simply writing expert services with maximum trust. Just carry out our buy kind and then we allows you to get the job done using one of our expert writers which will deliver the most excellent superior quality give good results. Decide upon help on writing a research paper as a authoring…
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10 Reasons Why It’s Time to Get Serious About Banning ‘Killer Robots’
By Rasha Abdul Rahim, Advocate/Adviser on Arms Control, Security Trade & Human Rights at Amnesty International Governments are meeting today in Geneva to discuss what to do about “Killer Robots”. Amnesty International is calling for the creation of a formal negotiation process with a view to establishing a new global ban on lethal and less-lethal “Killer Robots”, both on the battlefield and in policing operations. Here are 10 reasons why such a ban is essential. 1. “Killer Robots” will not be a thing of science fiction for long Killer robots are weapons systems which, once activated, can select, attack, kill and injure human targets without a person in control. Once the stuff of dystopian science fiction, these weapons – also known as “fully autonomous weapon systems” (AWS) – will soon become fact. Many precursors to this technology already exist. The Vanguard Defense Industries’ ShadowHawk drone, for…
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Notable new ACLU report on impact of California's Prop 47 one year later
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DEROGAR EL SISTEMA PRIVADO DE PENSIONES ES UNA NECESIDAD (2)
Se aprobó en la comisión de economía la devolución de los aportes para los clientes de las AFP que cumplen 65 años de edad, el proyecto pasará al Pleno del Parlamento donde se debatirá y eventualmente se ratificará, modificará o se devolverá a la comisión para un mejor estudio. No he podido encontrar el proyecto en el Portal del Congreso. En consecuencia opinaré sobre lo publicado en los medios. Cómo era de esperar, los directamente concernidos en la norma están de acuerdo con ella, naturalmente las AFPs no, porqué están “defendiendo nuestro dinero” y más aún, que los últimos años de nuestra vida sean muy felices, aunque sean Cincuenta Nuevos Soles mensuales lo que nos paguen por pensión, o que si nos quedamos ciegos, seguiremos siendo felices porqué la AFP nos protegerá. Toda obra humana es perfectible…
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