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Court Takes Notice of Shoddy "Science" of Breath Testing in Minnesota

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On January 25, 2016, the Minnesota Court of Appeals released its decision in Torgeson v. Comm’r of Pub. Safety. There are two notable passages in the unpublished opinion. [W]e find that field sobriety tests are Fourth Amendment searches that require only reasonable suspicion[.] This is an oxymoron. A Fourth Amendment search, by definition, requires probable cause and a warrant. Legally, a search that requires only reasonable suspicion is not a Fourth Amendment search. [I]n all future implied-consent hearings where the foundation for results for the DataMaster DMT-G is at issue, it would be the better practice for the commissioner to call a witness who is more fully prepared and qualified to explain the operation of the machine. In other words, if the operator of the breath testing instrument in a specific case doesn’t know how the instrument works, his or her testimony might not be enough to support the admission into evidence of the breath test results. (Under…

Iowa Still Up for Grabs?

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Hillary Clinton has a three point lead in the final Selzer poll -- also called the Bloomberg/Des Moines Register poll -- before today's Iowa caucuses. Here are the poll questions and the methodology. Nate Silver at 538 says Hillary may just... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Appeals Court Affirms New Miami Speed Camera Decision

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An Ohio Court of Appeals has affirmed a decision in the New Miami Speed Camera case. New Miami operates an automated enforcement program, or speed camera program. Motorists in the village who allegedly exceed the speed limit were mailed Notices of Liability from a Maryland corporation.  The New Miami Ordinance significant limited the ability of a motorist to challenge the Notice of Liability at a hearing.  Joshua Adam Engel is one of the attorneys representing the motorists who brought the case. The decision can be read here:  But15043 Read More about speed cameras. In a prior decision, Judge Sage of the Butler County Common Pleas Court found that the ordinance was unconstitutional because it violated the due process rights of motorists.  This followed a similar decision by Judge Ruqehlman in Hamilton County on the Elmwood Place ordinance. The recent decision concerned whether the case can proceed as a class action.  In other words, whether the claims…

Top 10 Drug Law Stories of 2006

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Well the year isn’t officially over yet, but I thought I better do this before everybody goes on vacation, including me. So without further ado, here are the Drug Law Blog Top 10 stories from 2006. Some of these got covered on this blog. Some didn’t. But they’re all related to the basic issues with which this blog is concerned.10. The Chicago Museum of Science and Technology Hosts a Bizarre Pro-Drug War Propaganda Exhibit for the DEA and Attempts to Silence Protestors. I’m still trying to figure out what this “Target: America” exhibit was about. It seemed to be an  attempt to link the use of drugs to terrorism, including the 9/11 attack on the World Trade Center, that somehow found its way into an otherwise respectable museum, giving a black eye to the folks running the place and drawing the derision of the blogosphere as well as some mainstream press sources,including the Washington Post and Chicago Tribune. Pete Guither, who writes the…

Florida Man Strikes Seven Vehicles, Arrested for DUI

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On Saturday afternoon January 30, a Delray Beach man reportedly plowed through seven vehicles on Congress Avenue in Boynton Beach as they were stopped at a red light. According to news reports, 47-year-old James Dean Martin was driving under the influence when the incident occurred. Martin allegedly attempted to navigate his Ford pick-up between two lanes of traffic that were stopped at the light; Boynton Beach police were called to the intersection after witnesses reported the incident. Police charged Martin with DUI and driving on a suspended license. He was transported to the Palm Beach County Jail. None of the motorists were injured in the incident, however spokeswoman Stephanie Slater said victims and witnesses had to detain Martin until police arrived on the scene. Driving under the influence of alcohol or drugs is a criminal offense that will leave those convicted facing possible jail time, community service, fines, a criminal record, driver’s license suspension,…

Illinois Court Upholds Nine-Year Sentence for Aggravated DUI

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On January 21, 2016, the Fourth District Illinois Court of Appeal upheld defendant Albert Fleming’s nine-year prison sentence for an aggravated DUI. Fleming struck and killed pedestrian Anthony Pauls while he was crossing the street on October 12, 2012. The state alleged that Fleming’s driving under the influence was the proximate cause of Pauls’ death. Then, the 20-year-old Fleming was charged on October 15, 2012 of DUI and leaving the scene. The state later charged him with an additional count of aggravated DUI. In June 2013, a jury convicted Fleming of aggravated DUI and leaving the scene of an accident involving death. In September 2013, the trial court sentenced the defendant to consecutive terms of nine years for the aggravated DUI and five years for leaving the scene. Afterwards, Fleming filed a motion to reconsider, which the trial court denied. On appeal, Fleming argued that: (1) the trial court erred in denying his motion to suppress evidence of the…

Fatal Crash EB I90 @ 73.3, near the ID/MT border

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police Regional Communication Center - North 615 W Wilbur Ave Suite A Coeur d'Alene, Idaho 83815 Please direct questions to the appropriate District Offices District 1 (208) 209-8620 Fax (208) 209- 8618 District 2 (208) 799-5150 PRESS RELEASE FOR DISTRICT ONE CASE # C16000288 --------------------- PRESS RELEASE ----------------------------- DATE: February 1, 2016 TIME: 2:19 pm LOCATION: EB Interstate 90 at milepost 73.3, near the Idaho/Montana border ASSISTING AGENCIES: Montana Highway Patrol, Shoshone County Sheriff Office, Idaho Transportation Department VEHICLE #1 ------------- DRIVER Ralph Fitzthum AGE 52 years ADDRESS Oroville, Wa INJURIES? - No HOSPITAL/LOCATION TAKEN ? N/A VEHICLE YEAR 2004 VEHICLE MAKE Freightliner VEHICLE MODEL Semi…

Sanders Complains About Party Staffing, Wants Results "Recreated"

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Too much. CNN reports Bernie Sanders' campaign is claiming 90 precincts were inadequately staffed by the Democratic Party and wants the vote recreated in those precincts. Wolf Blitzer seems truly perplexed and asks, "What exactly does that... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

SILENCE IS THOMAS & PRYOR LETS LOOSE

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This month it will be ten years since Justice Clarence Thomas asked a question from the bench during oral arguments. And no, it was not to ask directions to the head. The NY Times has an article on the silence here. PRYOR SHOWS NO RESTRAINT. Our colleague who blogs the Miami-Federal scene, the ineffable DOM, has this post about Judge Pryor's dissent in a 2254 case. The more we think about it, the more it bothers us. Pryor was upset when Judge Jordan and visiting judge Haikala gave a state court petitioner a second federal habeas review. Here is part of what Pryor wrote:Ace Patterson—a child rapist, kidnapper, and burglar—won the habeas lottery today. The majority gives him a second chance to collaterally attack his convictions in federal court, seventeen years after his trial and nine years after he filed his first federal petition for a writ of habeas corpus. Most state prisoners are not so lucky, as the Antiterrorism and Effective Death…

Interpreting Sex Offender Consequence Laws: Contact with Minors

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A few years ago I began tracking and compiling the consequences that attach to an offense subject to sex offender registration (a registrable offense). In preparation for an upcoming course, I just updated my Consequences Paper. The list of consequences continues to grow. So, too, has litigation over them. A recent court of appeals decision, State v. Barnett (Jan. 19, 2016), considered the limits on the court’s authority to enter a no-contact order against a person convicted of a registrable offense. (Jamie Markham wrote a blog post about another aspect of the decision—whether attempted rape is an aggravated offense and subject to stricter registration and monitoring requirements. It isn’t.) Barnett addressed G.S. 15A-1340.50, which authorizes the sentencing judge, with appropriate findings, to enter an order permanently barring a person convicted of a registrable offense from contacting the victim of the offense. The relief differs from other consequences of…

Tampa Marijuana Attorney - Lawyer - Can Drug Charges be Dropped?

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Tampa Marijuana Attorney asks: Can Drug Charges be Dropped? Yes, Florida Drug Court Criminal Defense Attorney, Lawyer Casey Ebsary of Tampa helps with, Marijuana, cocaine, prescription, and other drug charges that can be dropped. Tampa Bay area drug defense lawyer W. F. ''Casey'' Ebsary has experience and training as both a drug court Prosecutor and is now on the defense side helping people navigate treacherous waters when drug charges are at hand. Call 813-222-2220 for a free consultation at no cost or obligation.Tampa Marijuana Atttorney - LawyerFighting for you or a friend. Law Office of W.F. ''Casey'' Ebsary Jr 2102 W Cleveland St Tampa, Florida 33606 (813) 222-2220

The Perils of State Standing, Revisited

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Alexander M. Bickel, The Voting Rights Cases, 1966 Sup. Ct. Rev. 79 (1966). Steve Vladeck For those who teach and write about the federal courts and/or constitutional law, Alexander Bickel’s 24-page review of how the Voting Rights Act fared in the Supreme Court – a lucid dissection of South Carolina v. Katzenbach, Harper v. Virginia State Board of Elections, and Katzenbach v. Morgan — would almost certainly be worth a read as a pure matter of historical (and academic) curiosity. What’s particularly salient about Bickel’s analysis, though, is its contemporary relevance along at least two axes. First, it provides the outlines of a rejoinder to the Supreme Court’s 2013 conclusion that key provisions of the VRA are unconstitutional (for economy of space, I’ll leave this issue to the interested reader). Second, and, even more significantly, it makes perhaps the most emphatic argument against broad state standing in lawsuits challenging…

Empty Gestures And Powerful Messages

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When President Obama announced that he was “banning” solitary confinement for juveniles, advocates and supporters cheered. Those familiar with the federal system chuckled and made jokes. Mine was along the order of, “and both juveniles thank him.” Why so unappreciative? Don’t we feel passionately that solitary confinement is horribly destructive, dangerous, and particularly egregious when used against kids? The reason is that there are, as of the December 26th update to the federal prison population, a grand total of 26 inmates under the age of 18 out of a total census of 195,893 (as of January 28, 2016, as the totals are updated once a week).  Of the 26 juveniles, most are there because they’re Native American, and the feds have jurisdiction over crime on reservations. In fact, the Federal Government has unique jurisdiction over crimes in Indian Country and the most serious crimes committed on reservations tend to be…

Bring Out the Big Guns?

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When companies have big problems, they usually bring out the big guns. The benefits of using large law firms, audit firms, and other professional service firms are undeniable. These firms offer a depth of experience that is invaluable, and they have seemingly unlimited resources in terms of manpower. A large firm often has the ability to mobilize an engagement team quickly, and can bring in experts from around the world. Does bigger mean better? Certainly the perception exists that larger firms provide better services. No one can fault an executive who chooses a big firm when trouble is brewing. There is an undeniable comfort level that comes with the big firms because they have established reputations and many resources. Even if the project goes poorly, no one can fault the executive who chose the large firm. Contrast this with the risk of using a small law firm or forensic accounting firm. Most board members and shareholders have never heard of the small firm. Is it…

"International Megan's Law" heading now to Prez Obama's desk


The Sophisticated Client Wants A Legal Curmudgeon

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Sy Syms used a brilliant marketing tag to sell his shmatas: An educated consumer is our best customer. The message made a point, while flattering those customers sophisticated enough to buy from Sy.  Sophisticated consumers would no longer pay higher than necessary mark-ups on clothing, and that it wasn’t a sign that you were cheap if you shopped at Syms, but that you were savvy. Brilliant. Peter Macmillan, a cognitive psychologist specializing in legal expertise, turns his attention toward one of my favorite words, curmudgeon.  Most people use it as a pejorative, as in the old man screaming at the kidz to “get off my lawn.” Macmillan gets the joke. Anyone who has worked in BigLaw (or in any part of the legal industry, for that matter) will have come across the legal curmudgeon. These are the legal experts who, despite a routine disregard for basic social pleasantries, are excellent at what they do and enjoy a very healthy – and often…

Do latest ugly gun crime numbers in Chicago disprove the "more guns, less crime" hypothesis?

Definition Essay

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What is actually a Definition Essay? A definition essay is producing that points out what a phrase means that. Some terms have definite, concrete meanings, for example , glass, guide, or tree. Terms for instance honesty, honor, or fancy are summary and depend way more over a person’s position of see. Three Basic steps to […] The post Definition Essay appeared first on .

Expository Essay

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The purpose of the expository essay is to always present, absolutely and reasonably, other people’s sights or to report about an occasion or perhaps a circumstance. Expository composing, or exposition, presents a subject matter intimately, apart from criticism, argument, or progress; i.e., the author elucidates a subject by examining it. These kinds of writing is […] The post Expository Essay appeared first on .

What El Salvador’s Total Abortion Ban Means for Women and Girls

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Portrait of Teodora Vasquez at her prison in El Salvador. She had been sentenced for 30 years after having an stillbirth out of suspicions of having had an abortion. By Linda Veazey, AIUSA Board Member  In 1998, El Salvador outlawed abortion under any circumstances, including cases where the life or health of the woman is at risk; where pregnancies are the result of rape or incest; and in cases of severe fetal abnormalities. El Salvador’s total ban violates the human rights of thousands of women and girls. In cases like Teodora del Carmen Vásquez, some women have even been sentenced to several decades in prison even though they did not have an abortion!  In 2008, Teodora was sentenced to 30 years in prison for “aggravated homicide” after suffering a still-birth at work.  Amnesty found that Teodora was presumed guilty after she received an unfair trial in which her family could not afford effective legal representation. The total abortion…
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