The DEA and State Medical Boards are continuing to send in undercover agents to physicians to determine whether they are conducting physical examinations that comply with the standard of care before prescribing pain medications to patients. A recent Texan case illustrates how these undercover visits can result in a criminal prosecution.On September 24, 2014, in Longview, Texas, a Board Certified Physical Rehabilitation and Rehabilitation, with over 15 years' experience in pain management, Dr. Sameer A. Fino evaluated an undercover law enforcement agent who was posing as a new patient. During that visit, Dr. Fino did not perform any physical examination of the agent. After meeting with the agent for approximately six minutes, Dr. Fino wrote the undercover agent a prescription for 60 units of Norco ® 10 mg, which is an opioid pain medication containing hydrocodone. The DEA targeted Dr. Fino due to his prescribing patterns and for other…
Texan Physician Pleads Guilty To Illegally Prescribing Pain Medication Norco After Search Warrant and Undercover Agent Visit.
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In Florida, a Robbery By Force Can Be Committed Without Touching the Victim
In Florida, robbery is a serious felony charge. Many people misunderstand the differences among robbery, theft and burglary. A theft generally occurs when you steal something from a person outside of their presence, or not in their possession. If you leave your phone on your desk and go to the bathroom and I take it while you are gone, that would be a theft. A burglary generally involves breaking into a place, or entering a place without authorization, with the intent to commit a theft or other felony therein. If I come into your house through an open window while you are at work and steal your TV, that would be a burglary. A robbery is considered more of a violent crime. It generally involves taking something directly from a person in the person's presence. If I push you down and steal the bag you are carrying, that is a robbery. Likewise, if I approach you and threaten you with violence if you do not give me your bag, that would also be a robbery. Actual…
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Class Action Lawsuit Challenges DUI Administrative License Suspensions
Ohio takes drivers’ licenses before a person is found guilty of DUI/OVI. If a person is arrested for DUI/OVI and tests over the limit, or refuses to test, that person’s license is suspended immediately. No judge reviews the circumstances beforehand to determine if the suspension should be imposed. Instead, the executive branch of the government takes the driver’s license automatically. It’s called an Administrative License Suspension (ALS). The suspension is considered a ‘civil’ (not criminal) action, and it is imposed independent of the traffic ticket charging the person with OVI. Ohio’s administrative license suspension is similar to other states’, including Florida. Florida’s administrative license suspension is currently the subject of a class action lawsuit which alleges the ALS is unconstitutional. The plaintiff seeks damages exceeding $50 million from the Florida Department of…
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Should I Take a Nolle or Dismissal for My Stamford, Greenwich, Wilton or Westport Connecticut Arrest?
The best criminal law firms in Stamford, Greenwich and Danbury Connecticut are often asked… what’s the difference between a “nolle” and a “dismissal” in the Connecticut criminal courts. While both nolles / nollies and dismissals result in the conclusion of your Connecticut criminal arrest case, the top Stamford, Greenwich and Wilton Connecticut criminal lawyers and attorneys know that a dismissal is by far the best result, although it is not always available. So how do you know when to take a nolle and run? Or on the other hand, how do you know when to keep pushing for a dismissal of your Stamford, Norwalk, Bridgeport or Norwalk Connecticut court case? It’s tricky but here a few things to think about before you make your decision… Is a Nolle Better than a Dismissal in Connecticut? No. A “nolle” which is Latin for “nolle prosequi” means that Stamford, Norwalk, or Danbury state prosecutors have…
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Apple versus the FBI: Privacy versus Security
Benjamin Franklin wrote, “Those who give up their liberty for more security neither deserve liberty nor security.” That statement strikes at the heart of the recent dispute between Apple and the FBI over iphone access in a criminal investigation. In that dispute, the FBI wants Apple’s help to hack into an iphone used by one of the San Bernardino shooters. In the past, Apple has helped the FBI in criminal investigations in bypassing a built-in security system on one of its phones. This time, the phone used a later model, and it does not contain the built-in security system; therefore, the FBI is mandating that Apple help it hack into one of its own phones. Apple has refused citing numerous privacy concerns and the dangerous precedent this sets. The stage has been set for an epic legal battle between the titans of the tech age and the FBI. So where does the law fit into all this? Very simply, it boils down what the Founding Father’s…
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No Hearings for a Year on a Qualified Judicial Nominee?
Democrats are outraged that the Republican-controlled Senate might simply refuse to hold hearings on a qualified Supreme Court nomination made by President Obama, leaving the filling of the seat to the next President.Marc Thiessen has yet another "where you stand depends on where you sit" story in the WaPo:On Jan. 27, 1992, President [George H. W.] Bush nominated [John G.] Roberts to serve on the U.S. Court of Appeals for the District of Columbia Circuit. Roberts was immensely qualified for the job. He had served since 1989 as principal deputy solicitor general of the United States, arguing 39 cases before the Supreme Court, making him one of the country's most experienced Supreme Court litigators.But his nomination to the federal bench was dead on arrival at [Sen. Joseph] Biden's Senate Judiciary Committee. Biden refused to even hold a hearing on Roberts's nomination, much less a vote in committee or on the Senate floor. Roberts's nomination died…
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The Unprotected
Peggy Noonan has this column in the WSJ, titled Trump and the Rise of the Unprotected: Why political professionals are struggling to make sense of the world they created.But I keep thinking of how Donald Trump got to be the very likely Republican nominee. There are many answers and reasons, but my thoughts keep revolving around the idea of protection. It is a theme that has been something of a preoccupation in this space over the years, but I think I am seeing it now grow into an overall political dynamic throughout the West.There are the protected and the unprotected. The protected make public policy. The unprotected live in it. The unprotected are starting to push back, powerfully.The protected are the accomplished, the secure, the successful--those who have power or access to it. They are protected from much of the roughness of the world. More to the point, they are protected from the world they have created. Again, they make public policy and have for some time. …
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State v. Mahoney – NJ Appellate Panel Rules that Deliberating Jurors Cannot Speak at Sentencing
John Mahoney shot and killed his father. He was subsequently indicted for first-degree murder, weapons offenses and hindering apprehension, and the case proceeded to trial. His defense was battered child syndrome – his actions toward his father were motivated by the latter’s physical and emotional abuse. The jury convicted him of, among other things, first-degree aggravated manslaughter. During deliberations, the jury sent the judge an unsolicited note saying, in part, that Mahoney should have significant therapy. Shortly after the verdict, a juror wrote to Mahoney saying that he should have a second chance in life. Mahoney responded, and the juror wrote him another letter saying that she struggled emotionally about the facts of the case. This juror then wrote a letter to the judge that revealed the mental impressions of the jury, and stated further that this was a complicated and emotionally difficult case. The juror asked…
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The Trouble With IVC Filters Continues
For those of you who are only just tuning in to the problems with IVC filters, we’ll give you a quick rundown (before we dive into the update). C.R. Bard is a New Jersey-based medical device manufacturer. They are a giant in their industry, and until recent years, were a trusted source of medical devices for healthcare providers across the country. Bard is one of 11 manufacturers who make inferior vena cava (IVC) filters, and while the majority of filters are implanted without issue, those produced by Bard have caused nothing but problems over the years. Bard’s “recovery” filter was given FDA clearance in 2002, and it didn’t take long for the troublesome reports to begin rolling in. According to NBC: A confidential study commissioned by Bard showed that the Recovery filter had higher rates of relative risk for death, filter fracture and movement than all of its competitors. An outside doctor hired to conduct the study wrote that “further…
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15 Arrested in Undercover Heroin Sting in Manatee County
Fifteen people have been arrested as part of a drug-trafficking investigation in Manatee County. The multi-agency investigation started due to the high number of recent heroin overdoses and deaths in the area. During the 18-month undercover investigation, authorities allegedly confiscated $262,500 worth of heroin, $111,000 worth of cocaine, 200 grams of fentanyl, 100 hydromorphone pills, 28 firearms and more than $327,000 in cash and assets. Detectives believe the investigation resulted in a significant decrease in the number of heroin overdoses and deaths in Manatee County. In 2015, the Bradenton Police Department and the Manatee Sheriff’s Office investigated 77 heroin-related deaths. So far, there have not been any this year. When an individual has been accused of or charged with a criminal offense involving heroin, it is crucial that they consult with a Florida Drug Crimes Defense Lawyer at Whittel & Melton right away. You have legal rights that must be protected.…
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Opinion applying sentencing enhancement for sexual abuse of adult
Justice Sotomayor delivered the opinion of the Court in Lockhart v. United States. Justice Kagan dissented in an opinion joined by Justice Breyer.
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Multiple crashes on I-84 in Nampa
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 3/1/16 7:11 p.m. Please direct questions to the District Office *****BEGINNING OF UPDATE***** On March 1, 2016, the Idaho State Police investigated three crashes westbound I-84 between mileposts 38 and 37, near Nampa. Information on the crashes is as follows: At approximately 10:12 a.m., there was a three-vehicle, injury crash westbound I-84 at milepost 37. Richard Adkins, 48, of Meridian, was driving westbound near milepost 37 in a 2000 Kenworth tractor pulling a diesel tanker in the left lane. Jose Tristan, 37, of Meridian, was westbound in a 2005 Chevrolet Colorado. Mark Rose, 54, of Nampa, was westbound in a 1998 Chevrolet C2500 pickup in the right lane. A tire…
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Trump's Super Tuesday Press Conference: He's a "Unifier"
Trump finally takes the stage, 40 minutes late. Christie opens for him. He says it's so good to be at Mar a Lago again. He congratulates Ted Cruz for Texas (doesn't mention Oklahoma.) He says it was a tough night for Rubio. Trump says he... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Crash Blocking the Right Lane Northbound I-15 Milepost 85 North of Fort Hall
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: 3/01/16 8:19 p.m. Please direct questions to the District Office Idaho State Police are investigating a crash northbound I-84 near milepost 85, north of Fort Hall. The right lane of travel is currently blocked. An update will be released as information becomes available. KS / JW -------------
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Missouri vs. McNeely’s Impact in Florida – F.S. Section 316.1933 is Unconstitutional
In a recent trial court level decision, State vs. Liles, 21 Fla. L. Weekly Supp. 883a (FLWSUPP 2019LILE), a Circuit Court Judge in Florida found that Section 316.1933 is unconstitutional. The court found that reliance on Section 316.1933 cannot form the basis for a good faith exception to the exclusionary rule. The Court also found that a warrantless […]
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**Correction** Crash Blocking the Right Lane Northbound I-15 Milepost 85 North of Fort Hall
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: 3/01/16 8:19 p.m. Please direct questions to the District Office Idaho State Police are investigating a crash northbound I-15 near milepost 85, north of Fort Hall. The right lane of travel is currently blocked. An update will be released as information becomes available. KS / JW -------------
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HE WINS
He wins big on Super Tuesday. Site Feed
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One-Vehicle Roll Over Crash US-30 near Price RD in Bannock County
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: 3/01/16 9:00 p.m. Please direct questions to the District Office On Tuesday, March 1, 2016, at approximately 5:37 p.m., Idaho State Police investigate a one-vehicle roll over crash on westbound US-30, near Price RD, in Bannock County, ID. Jeri L. Wilson, 46, of Idaho Falls, was driving a 2015 Nissan Versa westbound on US-30. Wilson's vehicle left the roadway, continued onto the right shoulder, struck a concrete barrier, rolled, coming to rest on its side. Wilson was transported by ground ambulance to Portneuf Medical Center in Pocatello, ID. Wilson was wearing a seatbelt. This crash is under investigation by Idaho State Police. KS / JW -------------
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** UPDATE ** Crash Blocking the Right Lane Northbound I-15 Milepost 85 North of Fort Hall
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: 3/01/16 9:35 p.m. Please direct questions to the District Office *** UPDATE *** The right lane of travel is now open. KS / JW ************** Idaho State Police are investigating a crash northbound I-15 near milepost 85, north of Fort Hall. The right lane of travel is currently blocked. An update will be released as information becomes available. KS / JW -------------
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DORCHESTER MEN ARE HELD ON HIGH BAIL IN CASE OF DRUGS, GUNS AND UNRULY SUPPORTERS
Take family dynamics, guns, drugs and a bail hearing and you never know what you will come out with. Well, actually, folks at Dorchester municipal court last Monday found out. Pedro Valdez, 33, and Lasonia Gathers, 27, (collectively the “Defendants”) were arrested over last weekend on felony drug and weapons charges after a search of a Dorchester home uncovered measuring scales, multiple plastic bags containing heroin and cocaine, and a loaded semi-automatic handgun inside a child’s bassinet, according to police. For those who may not know, there are strict rules for safely keeping firearms. A child’s bassinet does not qualify as a safe place. For an number of obvious reasons, many of which are probably self evident. If you are thinking that keeping such contraband in a bassinet is bad judgement, you are not likely to be impressed by what happened in court. At the arraignment, the court set high cash bail for the Defendants. There are potential…
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