A few days ago, Judge Richard Kopf brought up his unfortunate ruling against a prisoner who complained of being served the vile and dreaded nutraloaf. Prison Loaf, sometimes called Nutraloaf, disciplinary loaf, food loaf, confinement loaf, seg loaf, or a special management meal, is a food served in prisons to inmates who have misbehaved in various ways. It looks like meatloaf but it is all the ingredients of a meal ground up together. Prison loaf is usually bland, and often tastes awful, but prison wardens argue that nutraloaf provides enough nutrition to keep prisoners healthy without requiring utensils to be issued. In my head, I juxtaposed the prisoner’s dilemma with the bitching of Oberlin College students, who had to suffer the indignity of an inauthentic bành mí. Instead of a crispy baguette with grilled pork, pate, pickled vegetables and fresh herbs, the sandwich used ciabatta bread, pulled pork and coleslaw. “It was ridiculous,”…
Nutralife
↧
↧
New U.S. Supreme Court Cases
The U.S. Supreme Court has issued a short orders list out of its Friday conference today.The one criminal case taken up is the corruption conviction of former Virginia Governor Robert McDonnell. The question presented is:Under the federal bribery statute, Hobbs Act, and honest-services fraud statute, 18 U.S.C. §§ 201, 1346, 1951, it is a felony to agree to take "official action" in exchange for money, campaign contributions, or any other thing of value. The question presented is whether "official action" is limited to exercising actual governmental power, threatening to exercise such power, or pressuring others to exercise such power, and whether the jury must be so instructed; or, if not so limited, whether the Hobbs Act and honest-services fraud statute are unconstitutional.The Court declined a second question on jury voir dire and pretrial publicity.Also taken up was law-enforcement-related civil case, Manuel v. City of Joliet, No.…
↧
Supreme Court grants cert on high-profile political corruption case and to explore malicious prosecution suits
↧
Franks on Stand-Your-Ground Laws
Mary Anne Franks (University of Miami School of Law) has posted How Stand-Your-Ground Laws Hijacked Self-Defense (Guns and Contemporary Society: The Past, Present, and Future of Firearms and Firearm Policy, Vol. 3 (Glen Utter, ed.), 2016) on SSRN. Here is...
↧
Quaalude and Cosby
More than 40 women have come forward, all of whom allege that comedian, Bill Cosby, sexually assaulted them. Although the specific details are still unknown, Cosby, an entertainer who has seen success for more than 50 years, is now infamously known for giving doses of the drug Quaalude to his alleged victims, and then having sex with them. Cosby has openly admitted to giving the drug, which was popular in the 1970s and early 80s, to women who he wanted to have sex with. Quaalude, the trade-name for the chemical mixture known as methaqualone, was first formulated in India in 1951. It then became popular in Japan and Germany where its painkilling qualities led to widespread addiction and abuse. Quaalude was also prescribed to treat anxiety and insomnia. The accounts of the women who have accused Cosby corroborate the effects the drug. Users of Quaalude experience an intense high that begins 30 minutes after ingestion and can last up to 6 hours. After ingestion, some users have…
↧
↧
What Are The Consequences Of Refusing To Submit To A Chemical Test After A DUI Arrest?
WHAT HAPPENS IF YOU REFUSE TO SUBMIT TO A CHEMICAL TEST AFTER A DUI ARREST? Most California drivers are aware that the law does not convey the same Constitutional rights, which are normally afforded to an arrestee, when the person is arrested for driving under the influence. For example, the driver does not have an immediate right to an attorney or the right to remain silent. Most important, a driver lawfully arrested for suspicion of driving under the influence must submit to a chemical test or face a mandatory suspension of his or her driver’s license. This is known as the “implied consent” law. Even when a driver refuses the test but then changes his or her mind and submits, it will still be considered a refusal. The law requires that the arresting officer clearly advise the driver that a refusal will result in a suspension of the driver’s license to drive. (Vehicle Code §23612(a)(1)(D).) However, the warning is enough; the officer is…
↧
Lyon & Stolzenberg on Improving Child Interviewing
Thomas D. Lyon and Stacia N. Stolzenberg (University of Southern California - Gould School of Law and Arizona State University (ASU) - School of Criminology & Criminal Justice) have posted Repeated Self- and Peer-Review Leads to Continuous Improvement in Child...
↧
The Lighter Side of Divorce
We all need a few laughs once in while, so today’s post is intended to focus on the lighter side of divorce, which, believe me, does not exist when you are in the middle of it. It is always amusing to see what Hollywood has to say about the subject, given their residents are abundant among the divorce statistics. For those who have survived divorce and those who watch from a distance (and are grateful for that), consider the following sound bites and barbs. 1. “Ah yes divorce, the Latin word meaning to rip out a man’s genitals through his wallet.” ROBIN WILLIAMS, divorced twice 2. “I’m an excellent housekeeper. Every time I divorce, I keep the house.” ZSA ZSA GABOR, divorced seven times, one anulment 3. “The difference between a legal separation and a divorce is that a legal separation gives the husband a chance to hide his money.” JOHNNY CARSON, divorced three times 4. “Today Pamela and Tommy Lee announced they are…
↧
When Speeding is Not “Just” a Ticket
Even though a new Illinois law, effective January 1, 2016, will provide protections to first time aggravated speeding offenders, punishments for driving over the speed limit may still carry harsh sentences and require the assistance of effective, experienced legal counsel. Illinois law is presently quite unforgiving when it comes to speeding offenses. While most of us consider going over the speed limit a minor infraction, excessive and repeated speeding can lead to extensive fines, license suspension, or even jail time. Luckily for first time offenders, a new law may help minimize the impact of one misstep on your future. Aggravated Speeding Laws in Illinois: Past and Present “Speeding,” generally, means driving a vehicle over the prescribed limit. Going a few miles over the speed limit will generally result in a monetary fine and/or a requirement to attend traffic school or submit to court supervision. “Aggravated speeding” was previously defined as…
↧
↧
No, Not Free Speech
It came as no surprise that the Puddle posted about whether lawyers should pay to give presentations. After all, what legitimate conference or CLE would have a Puddle reader speak? There is little draw for a lawyer without any accomplishments whatsoever telling other lawyers, well, anything. But even so, Andrew Cabasso didn’t come out completely in favor of lawyers trying desperately to manufacture credibility out of nothing to whip out their credit card for the chance to take the podium in front of others. The idea of paying for a speaking gig is, well, a bit offensive. Especially when the host is already profiting from attendees, which is essentially double-dipping because the speaker [he means “host,” but editing is hard work] gets paid by the audience and the speaker. The audience gets information and CLE credits. The speaker just gets a bill. When it comes down to it, you are doing your host a favor by helping them fill their…
↧
A NEW CLAIM FOR UNJUST ENRICHMENT
The Westchester business litigation lawyers at The Law Office of Michael H. Joseph, PLLC are breaking new ground in the legal field involving an unjust enrichment claim. Our New York commercial litigation attorneys won a major victory in overcoming a motion to dismiss in a case where our client who is an import company had property which was stored at a warehouse and a customer, who was going out of business unlawfully took their inventory and sold it. While the company that misappropriated the goods was clearly liable, they are in Bankruptcy, so our attorneys were able to establish that the their lender could be held liable. The insolvent customer sold the goods to a third party and the funds went to their factor, with whom the owners of the company had signed a personal guarantee. The seller had a factoring agreement, a financing method in which a business owner sells accounts receivable at a…
↧
Saturday Open Thread
Thread. [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
↧
When Are Miranda Warnings Required In Ohio DUI/OVI Cases?
The Miranda warnings are well-known: “you have the right to remain silent….” What is not so well-known is when the Miranda warnings are required. According to Miranda v. Arizona, the warnings must be given when a suspect is questioned while ‘in custody’. If a suspect is in custody and the warnings are not given, statements made by the suspect cannot be used in the suspect’s trial. In an OVI case, a suspect may tell an officer, “I had 13 beers, and I know I shouldn’t be driving”. If the suspect was in custody at the time of making that statement, the statement is never heard by the jury if the Miranda warnings are not given. For Ohio OVI cases, the question often is this: when is a person ‘in custody’ for purposes of Miranda? This question was first addressed by the United States Supreme Court in Berkemer v. McCarty. In Berkemer, the defendant was stopped for a…
↧
↧
Bill Cosby Rape Prosecution May Go South – Part One of Two
Up until very recently, it looked as though Bill Cosby’s legal luck had run out; that the celebrity actor was finally going to face prosecution for at least one allegation of rape and sexual assault. That case stems out of Pennsylvania, and involves an alleged victim named Andrea Constand, who told police in 2005 that Cosby drugged her and then sexually assaulted her at his home in Pennsylvania in 2004. At that time, the former Montgomery County District Attorney, a man named Bruce Castor Castor, determined that there was not enough evidence to charge Cosby, but stated in a press release that all parties to this matter that he will reconsider this decision should the need arise.” Fast forward ten years, and just last month, December 2015, Cosby was legally charged for the first time, even though almost 50 women have come forward claiming that over decades of time, Cosby drugged, then sexually abused and /or raped them. The specific…
↧
"The End of the Death Penalty Isn't Near"
↧
Why a multiple DUI offender needs to hire the best DUI attorney the can.
Reasons why a multiple DUI offender should hire the best DUI attorney they can. Hint: All DUI lawyers are not created equal. Most multiple DUI offenders believe that the judge is going to throw the book at them no matter what they do in preparation for their DUI trial. That is to say, they know things do not look good and many presume nothing can be done to fix or mitigate the situation. This is not true and is fatalistic to your case. Yes, judges are not looking to give a defendant with multiple prior DUIs a break, but with aggressive and knowledgeable defense counsel, sometimes things can work out far better then expected. When it comes to hiring an attorney who can actually litigate a DUI case, most attorneys will tell or imply to you that they can try a serious DUI case. However, the reality is that there are only a handful of attorneys in Maryland who are qualified to effectively try a DUI case and those are the ones that will try your case; the rest of the pack is mainly…
↧
Illinois Governor Rauner grants 5 clemency petitions, denies 149 on January 15, 2016
In his first act of executive clemency this calendar year, Illinois Governor Bruce Rauner decides a total of 154 clemency petitions, granting 5 and denying 149. Once again, I am pleased to say that I have a client among the 5 who was fortunate enough to receive this extraordinary remedy! The offenses pardoned ranged from forgery, battery and domestic battery to burglary and the offenses ranged in dates from 1987 to 2004. Moreover, the decided petitions dated back to 2009 and reduce the backlog of undecided petitions from previous administrations down to approximately 900 petitions. Congratulations to the individuals receiving pardons with authorization to expunge! If you or someone you know is in need of executive clemency, please feel free to contact me for a free analysis of your case.
↧
↧
Can the Police in Florida Search a Suspicious Package Sent Through the Mail?
Every now and then, as criminal defense lawyers in Jacksonville, Florida, we get possession of drug or drug trafficking cases that involve someone sending a package containing drugs through the mail. Sometimes, the package of illegal drugs is actually addressed to a specific person. Other times, the drug package is addressed anonymously (i.e. to "Resident") or addressed to a fake person. A question often arises as to if and when the police are allowed to open the package and search it. Sometimes, someone at the mail facility notices that the package is suspicious and contacts the police. Other times, the police might have officers at the facility looking for specific packages. Drug packages can be suspicious based on how they are addressed, where they are from and how they are packaged. A possession of marijuana case near Jacksonville, Florida involved a box of marijuana that was sent to a friend of the defendant through the United States Post Office. The…
↧
Two vehicle crash southbound I-15 at milepost 36
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5205 South 5th Ave. Pocatello, Idaho 83204-2299 (208) 236-6466 FAX: (208) 236-6068 For Immediate Release: 1/16/2016 4:10 p.m. Please direct questions to the District Office On Saturday, January 16, 2016, at approximately 12:28 p.m., the Idaho State Police investigated a two-vehicle, injury crash southbound I-15 at milepost 36, north of Downey. Shavon Hill, 35, of Hyrum, Utah, was northbound on I-15 at milepost 36 in a 2007 Chrysler Sebring. Colleen Abbott, 31, of Pocatello, was southbound on I-15 at milepost 36 in a 1999 Nissan Altima. The Chrysler went through the median and into the southbound lanes, where it struck the Nissan. The Chrysler came to rest on the right shoulder. The Nissan came to rest on the median shoulder. The lanes were partially blocked for approximately one…
↧
DENUNCIA CONTRA EL COLEGIO DE ABOGADOS DE LIMA - EN LA PERSONA DE SU DECANO, SR. PEDRO MIGUEL ÁNGULO
Como quiera que, el Decano ha dispuesto la suspensión de la entrega de los nuevos carnés SIN NINGUNA EXPLICACIÓN,y pretende cobrar por otorgar Duplicado del antiguo Carné que, institucionalmente NO tiene valor, me he visto obligado a denunciarlo. Hoy 16 de enero de 2016, a las 16.00 horas presenté en la Fiscalía de Prevención del Delito -tuvimos mi esposa y yo que soportar el Sol por espacio de media hora antes de que la Fiscal en lo Penal de Turno permitiera el ingreso de ambos, ¿por qué la Fiscalía Penal, no es la de Prevención?, era necesario coordinar con la Fiscal Penal pues, donde funciona la de Prevención del Delito se nos informó que para ingresar a la de Prevención teníamos que ir donde la Fiscal Penal de Turno, fue muy amable y me contactó con la Fiscal de Turno de Prevención del Delito quién ordenó la recepción de mi denuncia…
↧
More Pages to Explore .....
