The Somalian Government has banned Christmas and New Years' celebrations on the ground they have nothing to do with Islam. "We warn against celebration of Christmas, which is only for Christians," Sheikh Mohamed Kheyrow, director of... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
Somalia Bans Christmas and New Year's Celebrations
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COURT OF CRIMINAL APPEALS CORRECTS DALLAS COURT OF APPEALS ON FAILURE TO PROVIDE SUDDEN PASSION JURY INSTRUCTION
The Texas Court of Criminal Appeals in October reversed a Dallas County murder conviction that had been upheld by the Dallas Court of Appeals. The trial judge refused to provide the defendant with a sudden passion jury instruction, which precluded the defendant from having his punishment mitigated by the jury. Murder is a first-degree felony. A murder committed under sudden passion that arises from “adequate cause” is a second-degree felony, instead of a first- degree felony. Adequate cause is cause that produces a degree of anger, rage, resentment, or terror, sufficient to render the mind incapable of cool reflection. Self-defense and sudden passion legal issues have been treated as “intricately intertwined,” such that the facts of a case will normally apply to both if they apply to one. The Dallas Court of Appeals incorrectly reasoned that, since there was some evidence that the defendant acted in self-defense, all of the evidence that he acted…
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Alternative Family Structures and Family Law Issues
We spent a lot of time on this blog discussing Washington families dealing with marital dissolutions and life after a divorce, but what about families where the parents were never married and/or never intend to marry each other? How does Washington family law affect these families? This post discusses some of the issues that arise in families where marriage is not intended, desired, or included. Many people assume that if a child is born outside of marriage, the baby was unplanned. The reality is that now many people are choosing to have children outside of the traditional family structure. When parents choose to have kids outside marriage they should know some of the laws that may affect their family structure. Child Support. Child support is an important issue whether you have the potential of being a parent paying support or the parent receiving support. It may be that unmarried parents go to court soon after the child is born and ask that…
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The Day Oriole Magic Was Killed
Here is the Ninth Circuit's opinion in U.S. v. Douglas DeCinces. Absolutely no surprise that the district court's exclusion of 404(b) evidence was overturned. Like, duh. Here is the real lesson. There is no such thing as a tentative ruling....
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Petition for Writ of Certiorari in Iowa
In Iowa, a party claiming that a judge exceeded his or her jurisdiction or otherwise acted illegally may file a petition for writ of certiorari with the Iowa Supreme Court. The petition for writ of certiorari must be filed within thirty (30) days after the challenged decision. If a motion to amend, enlarge, or reconsider is filed, the petition must be filed within thirty (30) days after the ruling on the motion. No extensions are allowed except for the failure … Continued
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Can the Police Search Your Car Without a Warrant in Florida?
During traffic stops in Florida, it is sometimes the case that police officers will request to search your vehicle. Or perhaps if some crime was committed, FL police will also have the need to go through a vehicle.… The post Can the Police Search Your Car Without a Warrant in Florida? appeared first on Chapman Criminal Defense Firm.
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T’was The Night Before Christmas: Legal Version
Whereas, on or about the night prior to Christmas, there did occur at a certain improved piece of real property (hereinafter “the House”) a general lack of stirring by all creatures therein, including, but not limited to a mouse. A variety of foot apparel, e.g. stocking, socks, etc., had been affixed by and around the chimney in said House in the hope and/or belief that St. Nick a/k/a/ St. Nicholas a/k/a/ Santa Claus (hereinafter “Claus”) would arrive at House sometime thereafter. The minor residents, i.e. the children, of the aforementioned House were located in their individual beds and were engaged in nocturnal hallucinations, i.e. dreams, wherein visions of confectionery treats, including, but not limited to, candies, nuts and/or sugar plums, did dance, cavort and otherwise appear in said dreams. Whereupon the party of the first part (sometimes hereinafter referred to as “I”), being the joint-owner in fee simple of the House with the…
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Overview of the Child Adoption Process in Illinois
Adoption proceedings in Illinois are governed by 750 ILCS 50/1 et seq. An adoption is a legal process whereby a parent-child relationship is established. The following persons, who are under no legal disability and who have resided in Illinois for at least six (6) months or service members who have been domiciled in Illinois for ninety (90) days, may petition the court to adopt a child: (1) A reputable person of legal age and of either sex, provided that if the … Continued
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California Janitorial Company Servicing Hotels Has Owners Indicted for Workers Compensation Premium Fraud
In California, workers' compensation premium fraud cases are aggressively investigated by the insurance companies and then presented to local county District Attorney Offices. When these cases are filed, they go back for years and the alleged "fraud" can total large amounts. The most recent filing here in California is no different.On December 21, 2015, a San Diego County grand jury indicted the owners of Good Neighbor Services, a janitorial company that provides cleaning staff to major hotels across San Diego, Los Angeles and Riverside Counties. The government alleges that Good Neighbor serviced hotels including The Hotel Del Coronado, Loews Coronado, La Costa Resort and Spa, The Grand Del Marin La Jolla, L'Auberge Del Mar, The Ritz Carlton, Four Seasons, Hilton and Hyatt hotel chains.This was brought by Indictment which allows the District Attorney's Office to keep the investigation secret andd not allow the people charged…
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Governor Rauner grants clemency to 7 individuals on 12/23/15
In what is very likely his final grant of clemencies this year, Governor Bruce Rauner has granted 7 people pardons with authorization to expunge their past convictions in Illinois on December 23, 2015. I am proud to say that one of these deserving individuals is my client; I couldn't be happier for him! Unfortunately, Governor Rauner denied 247 petitions for clemency in this latest round of decisions. According to news sources, there are still around 1,000 petitions for executive clemency pending from previous administrations, with new petitions being filed each quarter. When a person is not eligible for either expungement or sealing of his or her criminal record, he or she must pursue a grant of executive clemency, or pardon, through the Governor. Navigating through the complex Illinois Criminal Identification Act can be a daunting task so I encourage you to contact an attorney well-versed in this area of law to help you determine your best course of action. I have been…
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Christmas Eve Open Thread
It's the day before Christmas..... We wish you all a happy and healthful holiday. TalkLeft This is an open thread, all topics welcome. [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Giudice Leaves Prison, Downey Gets a A Pardon
Real Housewives Star Teresea Giudice, has served a year for tax fraud, and left Danbury yesterday and went home. (I guess she was able to bypass the Halfway House.) Gov. Jerry Brown gave Robert Downey Jr. a Xmas Eve gift of a pardon. [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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White (Collar) Christmas: Gin, Crime, Theology and the Rat Pack
Deck the halls. The hour is upon us, so herewith a few Christmas items. Cocktails “Thought I’d never finish shopping.” Here from the archives is a recipe (via Garden & Gun magazine) for Milk Punch for Christmas Morning and a new recipe for An Old Old-Fashioned . From our friends at the Gin Monkey blog, a gin drinker’s gift list and from Gastronomista, a recipe for Jagermeister and Rye. Yikes. The Christmas rush. Crime From J. Kingston Pierce of The Rap Sheet, here are 10 of The Most Arresting Crime Novels of 2015. Marilyn Stasio, crime fiction reviewer for the New York Times, sets out her 2015 favorites in Death Takes No Holiday . Theology From David Zahl at Mockingbird, Consuming 2015: Favorite Music, Media, Books and Humor. Billable hours done. Here is my piece for the Cathedral Church of the Advent blog on Christmas Movies and Serial Killers. …
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Highlighting how Chrismas clemency cheer brings a lump of coal for those left off Prez Obama's list
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Computer Spyware and Malware Charges in Iowa
Iowa Code Section 715 provides various definitions and charges that relate to computer spyware and malware. This law imposes criminal penalties upon certain actions relating to spyware and malware. The relevant sections of the Iowa code are discussed below: Definitions in the Iowa Computer Spyware and Malware Protection Law Iowa Code Section 715.3 – Definitions. For purposes of this chapter, unless the context otherwise requires: 1. “Advertisement” means a communication, the primary purpose of which is the commercial promotion of a commercial … Continued
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Is it reasonable to ask Santa Claus to bring a certiorari grant on acquitted conduct sentencing?
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Should the Odor of Cannabis Constitute Probable Cause in Florida?
Oh the times, they are a changin’. Every time I walk into the Orange County Courthouse, I see some guy asking me to sign a petition to “put medical marijuana on Florida’s Ballot”. Somehow, whenever I’m dressed in my work uniform (suit, tie, and briefcase, don’t forget the briefcase), the petition signing hawks leave me alone. It may be that too many “suits” turn out to be jerks, so they just don’t bother. I understand that, and agree. But, if I had the time, I would chat up the “medical marijuana sign holder” and tell him that medical marijuana is perfectly legal in the State of Florida. It has been for almost a year now. Most people don’t realize this. Medical marijuana is legal in Florida. I’ll keep saying it until everyone takes down the signs asking that we make it legal. It’s legal. Governor Rick Scott signed the law back in 2014,…
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Failure to Signal Ticket in Illinois
Illinois law requires drivers to make use of their car’s turn signal in certain circumstances, in accordance with 625 ILCS 5/11-804, and a failure to do so can result in a traffic citation for failure to signal. 625 ILCS 5/11-804 – When signal required (a) No person may turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as required in Section 11-801 or turn a vehicle to enter a private road or driveway, … Continued
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Failure to Signal Ticket in Iowa
Iowa law requires that drivers use their turn signal under certain circumstances. Those requirements are specified in Iowa Code Sections 321.314 and 321.315: As can be seen from code sections shown below and Iowa case law, the duty to signal a turn in Iowa is not as strong as the duty in many other states. Indeed, not signaling in Iowa is lawful under certain circumstances that would constitute a traffic offense in many other states. However, it is always wise … Continued
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Penalties for Coercion (O.R.C. 2905.12) in the Cleveland, Ohio Area
Coercion (O.R.C. 2905.12) is a charge that is rarely filed on its own. Coercion is much more likely to be an offense included in a larger indictment for crimes like extortion or in organized crime rings conducting illicit business in the Cleveland area. On its own, Coercion is a second degree misdemeanor with a sentence of up to 90 days, but as part of a bigger prosecutorial strategy, proving that you engaged in Coercion can lead a jury to convict you of much more serious charges. At Patituce & Associates, we are former Cleveland prosecutors with the experience to fight back against criminal charges, even in complex cases involving financial crimes. When you’ve been charged with Coercion or any other crime by Cleveland prosecutors, we’re the team that can make a difference for you. Call us today at (440) 471-7811 for a free consultation with an experienced criminal defense attorney. Call us today at (440) 471-7811 for a free consultation with an experienced…
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