TX Explores Creating State-Level Immigration Laws: A Deputy Texas attorney told lawmakers that, if "crafted carefully," they can write laws allowing the state to crack down on illegal immigrants and illegal border crossers without conflicting with the U.S. Constitution. Julian Aguilar of the Texas Tribune reports that Texas Deputy Attorney General Brantley Starr says that, despite the U.S. Supreme Court's ruling that immigration is "one of the few enumerated powers the federal government has," the states do "have the ability to create state-level offenses that have an immigration element to them as long as they are sufficiently unique." Starr referenced House Bill 11, signed by Gov. Greg Abbott in June, which made it a state felony to smuggle someone into the U.S. for pay by adding new state-level elements without seizing deportation powers from the federal government. The law has already assisted state police in…
News Scan
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Peterson Lawyers Join the Yantis Case
We have joined with the Spence Law Firm out of Jackson, Woming and Paul Winward of Boise to represent the family of slain Council rancher Jack Yantis. An interview discussing the case is available from Channel 7 News here. Not certain that we are really “high profile” lawyers, but I am happy we are in the case, whatever the outcome. Jack Yantis should not have been killed for responding to a call from the Sheriff’s Office to take care of his bull that had been hit by a car. His death was entirely preventable. More info as we go. The poster pictured below shows Jack as the locals knew him – looking to help others and protect the ranch life in Council.
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New Capital Punishment Study Highlights ‘Traditional Problems’ Concerning Innocence and Death Row
The 2015 exonerations of six death row inmates have once again spotlighted the widespread problems affecting the administration of capital punishment across the United States. The numbers were highlighted in a new report released by the Death Penalty Information Center. According to the center’s 2015 Year End Report, the “traditional problems” with the death penalty persisted throughout 2015 with innocence cases, in particular, underscoring issues involving racial bias, the manipulation of witnesses, inaccurate forensic testimony and incompetent defense. The precarious relationship between wrongful convictions and the death penalty is especially highlighted in the recent exonerations of Debra Milke (Arizona), Anthony Ray Hinton (Alabama), Willie Manning (Mississippi), Alfred Brown (Texas), Lawrence William Lee (Georgia), and Derral Hodgkins (Florida), who join the other 150 men and women from 26 states who have been exonerated from death row since…
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Attorney Robert Gigstad Named in the 2016 "Top 100 Trial Lawyers" List
Gigstad Law Office, LLC is proud to announce that Attorney Robert C. Gigstad has been selected for the 2016 edition of the National Trial Lawyers "Top 100 Trial Lawyers" list. Attorney Gigstad has been chosen for National Trial Lawyers' invite-only membership in the past and this 2016 selection further solidifies his place among the very best litigators in Kansas and the U.S. The National Trial Lawyers "a professional organization composed of the premier trial lawyers from across the country who exemplify superior qualifications as civil plaintiff or criminal defense trial lawyers." Each year, the organization refines and expands its membership with its "Top 100" and "Top 40 Under 40" honors recognizing the best trial lawyers in every state of the country. Some of the criteria used for "Top 100" selection include: Case results Reputation in the legal community Nominations from other prominent trial lawyers …
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Suspects Arrested In Irvine On Suspicion of Package Theft
Two adults and one juvenile were arrested today after a mail carrier called Irvine Police Department and reported a possible package theft. The Irvine PD responded to the neighborhood and spotted the individuals in the vehicle described by the witness. After pulling the vehicle over, the individuals were positively identified and a search of the vehicle resulted in the discovery of multiple stolen packages and stolen credit cards. They are being charged with theft, conspiracy and contributing to the delinquency of a minor. During the holiday season, I see an increase in this type of crime. The reason for this is two-fold. One very obvious reason is that many people now do much of their holiday shopping on line and have the packages delivered to their homes. If they are not there, the packages are left unattended on the front door step. This makes is extremely easy for an individual to walk up and take the package in a matter of seconds…
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Federal Judge Enjoins Enforcement of Sex Offender Premises Restriction
A federal judge has permanently enjoined all North Carolina district attorneys from enforcing G.S. 14-208.18(a)(3), the law intended to prohibit certain sex offenders from being at places where minors gather for regularly scheduled educational, recreational, or social programs. The case is Doe v. Cooper, No. 1:13CV711 (M.D.N.C. Dec. 7, 2015). In it, five registered sex offenders filed a lawsuit in the Middle District of North Carolina challenging the constitutionality of all three premises restrictions of G.S. 14-208.18. As many readers know, that law has three subdivisions that spell out three types of places certain registered sex offenders may not “knowingly be”: (a)(1) On the premises of any place intended primarily for the use, care, or supervision of minors, including, but not limited to, schools, children’s museums, child care centers, nurseries, and playgrounds. (a)(2) Within 300 feet of any location intended primarily for the use, care, or…
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DUI CHECKPOINT IN FAIRFIELD ON DECEMBER 20, 2015
There will be a DUI checkpoint this weekend in Solano County. The City of Fairfield Police Department will be conducting the Drunk Driving and Drivers License Checkpoint on on Sunday, December 20, 2015. Fairfield PD’s Traffic Unit will be running the checkpoint between 6 p.m. and midnight. Police have not disclosed the location where the operation will be conducted. However, the location of a checkpoint must be legally based on collision statistics and frequency of DUI arrests under the current state of the law. San Francisco Bay Area Police Officers must adhere to a several judicially mandated requirements in order to legally justify the presence of a checkpoint under the 4th Amendment to the United States Constitution. Otherwise, the presences of a checkpoint may be found to be in violation of every citizen’s right to be free from unreasonable searches and seizures. A conviction for a first drunk driving…
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Ypsilanti Pizza Delivery Driver Robbed at Gunpoint
On Wednesday evening, a 27-year-old pizza delivery driver was allegedly robbed at gunpoint in Ypsilanti at approximately 9:30 p.m. According to a news article at Mlive.com, the incident occurred in the 100 block of South Hamilton Street after the man had made a delivery and was returning to his vehicle. An Ypsilanti Police Department release stated the delivery man noticed the suspects down the street coming in his direction, and he was being robbed before he realized what was going on. The two men were black, according to the news article; one reportedly stuck a gun to the driver’s neck while the other man took money belonging to the pizza business along with the victim’s wallet and phone. At the time of news reports, police were still searching for the suspects. One of the men was described as about 5′ 9″ tall, wearing dark pants and a gray hooded sweatshirt. The other suspect was approximately 6′ 4″ tall, also wearing dark pants and a…
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Cities
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Gunfire Erupts in B Street Safeway Parking Lot in San Rafael
The City of San Rafael police have arrested a 32-year-old man after a shooting was reported in the Safeway parking lot on B Street. According to the police an officer in the area of the B Street Safeway heard gun shots on Wednesday, December 16, 2015, around 11:20 p.m. Officers arrived on the scene and questioned a man but reported that there were no outstanding suspects and no danger to the community. No one was injured in the shooting. This morning, after searching the area of evidence, police arrested a San Rafael man on multiple violations including assault with a firearm, criminal threats and obstructing an officer. An arrest for assault with a firearm could result in the failing of criminal charges by the Marin County District Attorney’s office for a violation of Penal Code section 245(a)(1). A conviction for that offense is punishable by up to 4 years in prison and a fine of $10,000.00. If you are arrested for an…
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Thursday Open Thread
Here's a new open thread, all topics welcome. I may not be back online until sometime next week. Hopefully you find the open threads useful in my absence. [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Know Your Rights When It Comes to Police Roadblocks and Video Recordings
The law in Florida is that when a police officer, after conducting a valid roadblock stop, develops reasonable suspicion that a driver has committed or is committing a criminal or traffic violation, the officer may lawfully order the driver to… The post Know Your Rights When It Comes to Police Roadblocks and Video Recordings appeared first on Chapman Criminal Defense Firm.
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Cowen on Mill and Pornography
Nick Cowen has posted Millian Liberalism and Extreme Pornography (American Journal of Political Science) on SSRN. Here is the abstract: How sexuality should be regulated in a liberal political community is an important, controversial theoretical and empirical question — as...
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Exchanges Prevail in Flash Boys-Inspired Suits
The practice of high frequency trading has been a hot-button issue of late, thanks in part to Michael Lewis’ 2014 book Flash Boys: A Wall Street Revolt, which examines the rise of this phenomenon throughout U.S. markets. Several class action lawsuits have alleged that various private and public stock and derivatives exchanges entered into agreements and received undisclosed fees to favor high frequency traders (“HFTs”), conferring timing advantages that damaged other market participants. Two courts have recently addressed the merits of claims for damages against such exchanges and both ruled that plaintiffs failed to state a claim for relief. High frequency trading involves the use of sophisticated computers and algorithms to make high-speed trades (without human direction) to take advantage of small changes in securities prices before other market participants. Leveraging technological superiority, high frequency traders sometimes enter…
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Marin County Cops Set Launch Holiday DUI Enforcement Campaign
The San Rafael Police Department has announced that Marin County law enforcement officers, as part of the national Drive Sober or Get Pulled Over enforcement campaign, are set to deploy DUI Checkpoints and DUI Saturation Patrols during the upcoming 17 day Holiday DUI Enforcement Campaign. San Rafael Police and all law enforcement agencies operating under the Marin County Avoid DUI Task Force, will be actively searching for and arresting drunk drivers from December 18, 2015, to January 3, 2016. The Avoid Task Force will be conducting two Drunk Driving/Driver’s License Checkpoints and multiple DUI saturation Patrols. during he Holidays. A DUI checkpoint will be run in the City of Novato this Friday, December 18, 2015 and the Task force will be conducing roving drunk driving patrols throughout Marin County on December 19, 21, 22, 23, 27, 30, and 31, 2015. In addition, there will be a DUI and driver’s…
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Underage Possession Charges Dismissed For Denison University Student
The Columbus underage and criminal defense attorneys at Luftman, Heck & Associates commonly represent college students in the Columbus area, especially when it comes to underage crimes. Not too long ago, a sophomore at Denison University was charged with possession of marijuana and underage possession of alcohol. The young student was looking to maintain a [...]The post Underage Possession Charges Dismissed For Denison University Student appeared first on Columbus Criminal Attorney.
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Washington Court of Appeals Reviews Conviction of No-Contact Order Violation
The Washington Court of Appeals recently reviewed a defendant’s conviction for violating a no-contact order, evaluating whether evidence should have been suppressed. In State v. Burks (Wash. Ct. App. Nov. 3, 2015), the police officer conducted a traffic stop of a vehicle for speeding. The police officer obtained the driver’s information and entered it into a search, which indicated that the driver was a protected party in a no-contact order. The police officer noticed that the description of the respondent in the no-contact order matched the defendant, who was riding as a passenger in the driver’s vehicle. The officer requested identification from the defendant, which he did not have on him. The police officer returned to the computer in his vehicle and located a photograph of the respondent in the no-contact order, which matched the defendant. The officer then arrested the defendant for violating the no-contact order. The defendant was charged with one…
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Medical Marijuana on Florida Ballot in 2016 Says the Supreme Court
Medical Marijuana on Florida Ballot in 2016 Says the Supreme CourtThe Florida Supreme Court has given the go-ahead for the Medical Marijuana issue to be placed on the ballot in 2016. The opinion concluded:"We therefore approve the proposed amendment and Financial Impact Statement for placement on the ballot."Who will be eligible for Medical Marijuana?Those who have a "“Debilitating Medical Condition” [that] means cancer, epilepsy, glaucoma, positive status for human immunodeficiency virus (HIV), acquired immune deficiency syndrome (AIDS), post-traumatic stress disorder (PTSD), amyotrophic lateral sclerosis (ALS), Crohn’s disease, Parkinson’s disease, multiple sclerosis, or other debilitating conditions of the same kind or class as or comparable to those enumerated, and for which a physician believes that the medical use of marijuana would likely outweigh the potential health risks for a patient."…
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News Scan
Illegal Minors Report Ease of Access to US: Illegal immigrant minors are sharing their immigration experiences with their family and friends back in Central America, encouraging them to make the journey to the U.S. because it's "so easy" and the chance of deportation is slim to none. Paul Bedard of the Washington Examiner reports that upon arrival, illegals are telling Border Patrol officials that they know they will be freed once they make it across the border, and are texting friends and relatives back home pictures of what they regard as a "permiso," or free pass. A new surge at the border, according to policy studies director Jessica Vaughan of the Center for Immigration Studies, is partly attributed by a believed assurance among illegals that they will no longer face a possibility of extended detention, or deportation for that matter, because a federal judge ordered the Department of Homeland Security (DHS) to close family and…
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Western District of Wisconsin Refuses to Vacate Production and Possession of Child Pornography Convictions
The Western District of Wisconsin has refused to vacate a man’s possession and production of child pornography convictions. In Smith v. United States, a man filed a motion to vacate his 2009 criminal convictions several years after he was sentenced. According to the man, his production of child pornography conviction under 18 U.S.C. § 2251(a) was unconstitutional because the federal statute did not specifically prohibit an individual from producing pornographic images of children. After analyzing the man’s motion, the Western District of Wisconsin first stated the constitutionality of the law as applied was previously upheld by the courts. The court next stated the law was enacted within Congress’ power under the Commerce Clause. Among other things, this constitutional provision delegates the power to regulate interstate commerce to the legislative body. Next, the Wisconsin court said the evidence in the case demonstrated that the man actually created…
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