If you're one of the lucky ones not running around like a maniac today, here's an open thread, all topics welcome. [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
Pre-Thanksgiving Open Thread
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Holland on Miranda
Brooks Holland (Gonzaga University School of Law) has posted Miranda v. Arizona: 50 Years of Judges Regulating Police Interrogation (16 Insights on Law & Society 4, 2015) on SSRN. Here is the abstract: This article commemorates the 50th anniversary of...
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Stay Safe & Prevent a DUI this Thanksgiving Holiday
Around 40 million drivers will be travelling on the roadways over the long Thanksgiving weekend to spend time with family and friends. In fact, Thanksgiving weekend is the most travelled holiday period of the year. It is estimated that 418 people will lose their lives in motor vehicle collisions in the United States this Thanksgiving weekend, according to the National Safety Council. For college students, Thanksgiving Eve is sometimes referred to as “Black Wednesday,” and it is unofficially known as the busiest bar night of the year, which means it is also the biggest drunk driving night of the year. As many people celebrate the Thanksgiving holiday, their celebration also includes the use of not just alcohol, but also drugs. Alcohol or drugs, or a combination of them, will put drivers at risk of being involved in a motor vehicle accidents that could kill or injure themselves as well as others. It is important to mention that Florida has a Zero Tolerance policy for…
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Avoid a DUI & Criminal Penalties Thanksgiving Weekend
Thanksgiving is a time of year when families get together to celebrate memories and honor traditions. However, this is also the time of year when law enforcement agencies gear up to catch drunk drivers on our roadways. Most law enforcement agencies, receive federal grants to increase their staffing levels during the holiday season, which typically begins with the four-day Thanksgiving weekend and continues to New Year’s Day. Arrests for DUI are highest during this time period. The following are a few tips that may prove helpful to avoid a Thanksgiving DUI: Do not drink and drive. If you have been drinking, call a cab, a friend or use a ride share app like Uber or Lyft to get home safe. If you know you will be drinking, designate a sober driver to take you home. If you are pulled over, do not talk to law enforcement about where you were or what you were doing. Remember, you have the right to remain silent until you have your lawyer present. If you are involved in an…
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Notable Ninth Circuit panel squabble over computer-search supervised release condition
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DEADLY WEAPON FINDINGS ALWAYS AT ISSUE IN CASES INVOLVING VIOLENCE OR INJURY
Texas defense lawyers often have a conversation with their client about the use of a “deadly weapon” in a case, and sometimes the conversation continues in the Court of Appeals. While it can be difficult to understand in everyday terms, the legal meaning of “deadly weapon” is essentially whether there were circumstances that made the alleged offense perceptibly more dangerous, and whether those circumstances could be related to some type of tangible thing, including part of the human body if used in a dangerous manner. A deadly weapon is either something that is designed to inflict serious harm, like a gun, or something that becomes deadly in the manner of its use. As a common example in the second category, a car was not designed to harm anyone, but if it is driven while intoxicated, it can be a “deadly weapon.” A deadly weapon finding is important because it affects a defendant’s eligibility for probation and for parole. A…
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Strict Probation for Utah Sex Offenders
Sex offenders in Utah are required to abide by a strict probationary program until their name is removed from the sex offender registry. Ten years to life Regardless of the severity of the offense, those who make the registry of sex offenders can expect to stay on that list for at least ten years. The […] The post Strict Probation for Utah Sex Offenders appeared first on Salt Lake Criminal Defense.
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Hawaii Supreme Court agrees consent to submit to a breath test is invalid where refusing is a crime
The Hawaii Supreme Court announced its decision today in State v. Won. The court held that where a suspect in a DUI case is told that it is a crime to refuse to submit to an alcohol test, that consent to submit to the test is coerced and invalid because it is not voluntary. The Fourth Amendment requires that searches be conducted pursuant to a search warrant or the government must rely on an exception to the warrant requirement. In most DUI cases, the government relies on consent to justify warrantless breath and blood tests. However, some jurisdictions have criminalized refusal to submit to a test, providing that refusal can result in a jail sentence. The Hawaii court said: Where arrest, conviction, and imprisonment are threatened if consent to search is not given, the threat infringes upon and oppresses the unfettered will and free choice of the person to whom it is made, whether by calculation or effect.30 See id. at 261-63, 925 P.2d at 829-31…
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Winter Weather Conditions On Interstate 15
Idaho State Police District 5 5205 South 5th Ave. Pocatello, Idaho 83204-2299 (208) 236-6466 FAX: (208) 236-6068 For Immediate Release: 11/25/2015 5:40 p.m. Please direct questions to the District Office The Idaho State Police would like to remind drivers to use caution when driving Interstate 15 north of Fort Hall. The northbound lanes of Interstate 15, starting at milepost 80, are experiencing slick roads and traffic is slow moving. KL/EH -------------
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Holiday Survey Highlights Attitudes Towards DUI
Would you be able to tell if someone you knew was at risk for a charge of DUI in Los Angeles? Would you take away a friend‘s or a guest’s vehicle keys if you felt they had consumed too much alcohol to drive? Just in time for the holiday season, The Foundation for Advancing Alcohol Responsibility released the results of a national poll it took in September 2015. The purpose was to gauge American’s alcohol awareness. Apparently Americans still have a lot to learn. More than half of all adults in the U.S. (63 percent) don’t know that the legal limit for blood alcohol concentration in their state (and in every U.S. state) is .08 percent. But 66 percent of people across the U.S. do believe that everyone has a personal responsibility to address impaired driving. (Los Angeles area motorists may be more socially conscious than most; 72 percent of them felt that obligation.) More than half (54 percent) of those surveyed said they have actually intervened to…
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Starting New Year's Day, level one sex offenders on the registry for 20 years will be removed
11-25-15 New York: Starting New Year's Day, level one sex offenders who have been on the New York State Sex Offender Registry for at least 20 years will have their name taken off the list. We wondered what impact is that going to have on our safety and to the victims of sex crimes. These are the offenders who are least likely to re-offend and in many cases committed non-violent crimes like
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New cert petitions on the "expert witness end-run"
At least two cert petitions are currently before the Supreme Court on the question of whether, or when, a prosecution may present the substance of an out-of-court testimonial statement through an in-court witness who bases an opinion in part on that statement. One is Griep v. Wisconsin. The State originally declined to file a brief in opposition to the petition, but the Court requested one. Here are links to the petition, to the brief in opposition, and to the reply brief. The second petition, on which I am counsel of record, is Katso v. United States. The Government has twice asked for extensions of the time to file a brief in opposition; its time now expires on January 4. You can read the petition by clicking here.
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Happy Thanksgiving to ALL of my Readers
A Little Extra for the Older Folks
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Winter Weather Creating Difficult Driving Conditions
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: 11/25/15 11:31 PM Please direct questions to the District Office At this time, the Idaho State Police and local agencies are responding to a large number of motorists who have slid off the road or have encountered other problems in the slick conditions. Low visibility and heavy snowfall accumulation have created extremely difficult driving conditions in many areas of the state. EH/LS -------------
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Mens Rea And The Koch Conspiracy
Everybody loves bipartisan crim law initiatives, and one put forth by Republican Congressman Jim Sensenbrenner seemed destined for broad approval. The bill sought to impose a mens rea requirement on criminal conduct when Congress was too lazy to include it in its initial enactment. Default state of mind proof requirement in Federal criminal cases If no state of mind is required by law for a Federal criminal offense— (1) the state of mind the Government must prove is knowing; and (2) if the offense consists of conduct that a reasonable person in the same or similar circumstances would not know, or would not have reason to believe, was unlawful, the Government must prove that the defendant knew, or had reason to believe, the conduct was unlawful. The inclusion of a specific mens rea requirement is common in criminal laws. For example, first degree murder usually requires the “intent to kill,” whereas lesser degree murders or manslaughters may…
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Happy Thanksgiving
It may not seem this way all the time, but I really do appreciate the fact that anyone takes the time out of their busy day to read what I write. I am deeply thankful. And I am especially thankful for David M’s invaluable help in making SJ happen by making my typos go away and making me appear less of a dolt. Hope dinner at your house is a lot like mine. And I am very thankful to be on my way in the early morning (instead of writing SJ, as is my norm) to pick up my son at the airport. I miss him very much. Copyright © 2015 Simple Justice NY, LLC This feed is for personal, non-commercial and Newstex use only. The use of this feed anywhere else violates copyright. If this content is not in your news reader, it means the page you are viewing infringes copyright. (Digital Fingerprint: 51981395c77d7762065ca2c084b63e47)
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To Our Clients: Happy Thanksgiving!
Happy Thanksgiving Thank you to all of you who trust us to represent you through the tough times in your life. We are thankful for the trust you place in us and for the opportunity to represent you. We will use this season as a rededication to you, our clients. We are thankful for the notes of thanks we receive from past clients and we are thankful for all of you who tell a trusted friend that we can help them. We are thankful for the kind words when we are frustrated and the shared laughs when the absurdity of the world overwhelms us. We are thankful for your twitter follows, Facebook likes and google pluses. We are thankful for you calls, your expectations and your confidence in us. So today, we raise a toast to you... our clients. Happy Thanksgiving!
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So thankful for federal sentencing reform moving ahead in Congress... but...
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So thankful for the renewed focus on federal clemency... but...
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Happy Thanksgiving and Open Thread
It's a Thanksgiving tradition we never miss here at Casa TalkLeft. Radio stations around the country today will play the 18 minute version of Arlo Guthrie's Alice's Restaurant, recorded in 1967. Should you miss it on your local... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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More Pages to Explore .....
