First they came for the sex offenders, then for the abortion providers...
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More evidence of a failed drug war: foot soldier always high while fighting
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"Gutting Habeas Corpus: The Inside Story of How Bill Clinton Sacrificed Prisoners’ Rights for Political Gain"
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Local educator arrested on Duval sex charge
A Fletcher High School teacher was arrested for unlawful sexual activity with certain minors this week. According to a report in The Florida Times Union, the teacher is accused of having sexual contact with a girl who is either sixteen or seventeen years-old. Police allege that the two had intercourse and oral sex at the school, according to the article. The alleged victim cooperated with police during their investigation and apparently wore a recording device on her person to document their conversations. Once police completed their investigation, they sought and obtained an arrest warrant for this sex charge with a $35,003 bond. The report indicates that the teacher invoked his right to remain silent when interviewed. Unlawful sexual activity with certain minors is a second degree felony in Florida punishable by up to fifteen years in prison. Along with the possible prison term, this charge, along with all Jacksonville sex charges, can lead…
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FERC Market Manipulation Case Still Alive After Ruling in Silkman and Lincoln Paper Case
For the past several years, FERC has been investigating several energy industry participants under several theories of market manipulation, discussed previously here. Gradually, these cases have moved from administrative proceedings to U.S. district courts, which have resulted in a small handful of written opinions, none of which have fully settled the substantive questions of what qualifies as market manipulation under the Federal Power Act or what level of deference a district court is to afford a FERC civil penalty assessment upon the statutorily provided de novo review. The recent opinion issued in FERC v. Silkman, Civ. No. 13-13054-DPW, and the related matter, FERC v. Lincoln Paper and Tissue, LLC, Civ. No. 13-13056-DPW (together “Lincoln Paper”), where FERC accused the defendants of violating the anti-manipulation rule, has not resolved these open questions either – despite FERC’s arguments to the contrary. In Lincoln Paper, FERC found that…
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Friday Open Thread: Musing on Taco Bowls
The tweet by Donald Trump depicting him eating a taco bowl in his office (made at Trump Tower Grill) and proclaiming his love of Hispanics in celebration of Cinco del Mayo is hilarious. It's been retweeted 73,000 times as of now, and "liked" by... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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MADD Advocates for Development of Self-Driving Cars
There are currently many companies working to develop a self-driving or driverless car these days. Some companies like Tesla are working to create not only the self-driving software and hardware, but also the car itself. Supposedly, they will soon be offering a free trial of a software package that allows their already existing fully electric cars to become a self-driving vehicle. Other companies such as Google are working to develop the self-driving systems and then want to license or sell their technology to car companies, since the company is not interested in designing the vehicles themselves. Knowing the past track record of Google products, it is likely they will be successful. There are a lot of reasons self-driving cars may become quickly accepted by society, and one of them will be to prevent drunk driving. In fact, according to a recent news article from CBS Local Boston, Mothers Against Drunk Driving (MADD) is currently supporting the…
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Whiplash from a Car Accident
Whiplash, or cervical strain, occurs when the muscles in your neck stretch or tear; it can also include injury to the discs, joints, ligaments, and nerve roots in the neck. Whiplash from a car accident is common, especially in rear-end collisions as the impact often causes the head to fall forward and snap back, putting undue pressure on the neck.What are symptoms of whiplash?People can experience whiplash in a variety of ways, but two of the most common symptoms are neck soreness and stiffness. In addition to general soreness and neck stiffness, other common symptoms of whiplash are:Burning or prickling sensationsDepressionDizzinessFatigueHeadacheImpaired concentrationMemory lossNervousnessIrritabilityShoulder and/or back painSleep disturbanceWhile whiplash pain is sometimes immediately apparent (within the first 24 hours after a crash), other times symptoms do not develop for a few days; this is why it is imperative to seek medical care as soon as possible after an accident,…
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Retiro del 25% para Cuota Inicial o cancelar un crédito hipotecario
Acabo de escuchar al Economista, Sr. Jorge Gonzáles Izquierdo sobre la norma que amplía los alcances de la Ley Nº 30425. Piensa el señor Gonzáles Izquierdo que al Congreso se le pasó la mano al aprobar que el retiro del 25% de sus fondos (a cualquier edad) sirva también para pagar deudas hipotecarias (deudas ya contraídas), lo sano hubiera sido que sirva para la cuota inicial de un crédito hipotecario destinado a adquirir una vivienda. ¿Por qué?, pues se estaría desvirtuando el Sistema Previsional Privado, no pude escuchar toda la opinión porqué justo en ese instante me llamaron y tuve que apagar la radio. Presagia el señor Gonzáles Izquierdo que Humala Tasso Ollanta observará la Ley y que quedan por delante muchas semanas para que que por INSISTENCIA como en la ley 30425 tuvo que hacerse, esta norma pueda aplicarse, lo que en mi opinión…
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Kaye on Glass Evidence
David H. Kaye (Pennsylvania State University, Penn State Law) has posted Reflections on Glass Standards: Getting to Second Base on SSRN. Here is the abstract: Over the past 50 years, an abundance of statistical thinking on the problem of interpreting...
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DUI Plates in Ohio
Have you ever noticed a car driving with flashy yellow plates? Jokingly referred to as “party plates,” these special license plates must be displayed by Ohio drivers who have been given restricted driving privileges after a DUI related driver’s license suspension. In the past, a judge could sue his or her discretion in deciding to [...]The post DUI Plates in Ohio appeared first on Columbus Criminal Attorney.
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The Exclusionary Rule and Its Limitations
In our last blog post, we covered the legal idea of the fruit of the poisonous tree, and how it can help defend you against criminal charges by preventing evidence from being allowed into court. If police are investigating a crime and they break the law – yes, police can break the law – by making a search or a seizure that is unreasonable, whatever evidence that they find, either directly or indirectly, from that search or seizure won't be allowed in court. Getting evidence excluded from court is one of the biggest goals of a skilled criminal defense attorney because it can often kill a prosecutor's case against you. Rarely is there more than one piece of evidence in a criminal case that serves to prove the same part of a prosecutor's case, so getting evidence thrown out often makes it impossible for a prosecutor to complete his or her case against you. The process of preventing evidence from being heard in court is known as the exclusionary rule. The…
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//blawgsearch75.rssing.com/chan-6519914/article17953-live.html
1. United States v. Lee, No. 13-10517 (5-6-16)(Hurwitz with Bea; Ikuta dissenting). The 9th sidesteps whether Johnson applies to the Guidelines. In this career offender sentencing case, the convictions pre-dated Johnson, and under pre-Johnson precedent, were not crimes of violence under the residual clause. The sentence is vacated and remanded. Ikuta in a spirited dissent argues that the majority should have applied Johnsonto this case. Whether Johnson applies to the Guidelines must wait until the Supremes weigh in or another 9th case presents the issue.The decision is here:http://cdn.ca9.uscourts.gov/datastore/opinions/2016/05/06/13-10517.pdf2. Rishor v. Ferguson, No. 14-36071 (5-6-16)(Tallman with Hawkins and Lefkow, Sr D.J.). Using Fed R Crim P 59(e) allows for motions for reconsideration but it is not a vehicle for new claims. The petitioner here did not exactly ask for new claims, and therefore the district court did have…
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Steinzor on Increased Criminal Liability for Regulatory Offenses
Rena I. Steinzor (University of Maryland Francis King Carey School of Law) has posted Is Increased Criminal Liability for Regulatory Offenses Justified? (Environmental Forum, vol. 33, no. 3, pp. 32-41) on SSRN. Here is the abstract: Criminal prosecution for major...
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Scordato on Leadership Under the Federal Sentencing Guidelines
Marin Roger Scordato (Catholic University of America (CUA) - Columbus School of Law) has posted A Legal Definition of Leadership: Understanding Section 3B1.1 of the Federal Sentencing Guidelines (Lewis & Clark Law Review, Vol. 19, No. 1061, 2016) on SSRN....
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Could Big Changes to Los Angeles DUI Law Be Coming? [New Tests for Non-Alcohol DUI]
Police in California may soon have a new weapon in their efforts to get DUI drivers off the road. The state legislature is considering authorizing the use of a device that measures levels of marijuana, cocaine, amphetamines and pain medications (including opiates). The push to get the new device approved is apparently in response to a California ballot measure that would authorize the use of recreational marijuana in the state. In an April 6th article, the Los Angeles Times reported that State Senator Bob Huff of San Dimas has authored a bill that permits police to take an oral swab from a DUI suspect and then use a handheld device to test for the presence of marijuana and other controlled substances. Lawmakers may have good reason to be concerned about the consequences on driving habits if the pot bill passes. The Times article notes a 40 percent increase in positive tests for drugs in drivers killed in crashes in California between 2009 and 2013. It also said that pot-related…
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People of Color In Lea County Get Cheated Every Day in the Judicial System
Here is the problem: Radicalization in the judicial system has disappeared. Vanished.Every judicial agency, every legal agency, and most legal professionals have been co-opted.Bought and sold to do nothing but protect the status quo.Our legal leaders have taught us that the only way to battle injustice is from within the system.Our legal leaders have lied.Martin Luther King worked hand in hand with attorneys in his day, however he also led marches down the streets of racist jurisdictions. He called for boycotts. He called out racist leaders.Cesar Chavez did the same.Malcolm X, ditto.But what our legal leaders have taught us is that the "respected" way of change is to fight exclusively within the system.The very system that they are vested to protect because they are "The Status Quo."They are wrong. Here in Lea County, it is a racist criminal justice system, where minority lives are destroyed on a daily basis.Anybody who…
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Chiao on Kleinfeld on Reconstructivism
Vincent Chiao (University of Toronto - Faculty of Law) has posted A Response to Professor Kleinfeld's 'Reconstructivism: The Place of Criminal Law in Ethical Life' (Harvard Law Review Forum, Vol. 129, p. 258, April 2016) on SSRN. Here is the...
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Update - Injury Crash I-86 Near Rock Creek Road
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: 5/6/2016 4:40 p.m. Please direct questions to the District Office **************Begin Update************** On May 6, 2016, at approximately 4:03 p.m., the Idaho State Police investigated a single vehicle injury crash eastbound on Interstate 86 at milepost 33, west of American Falls. Antonio Chapa Jr., age 40, of Kimberly, was driving eastbound in a 2004 Nissan Titan. Chapa lost control of his vehicle when a tire deflated. Chapa drove into the median, rolled his vehicle, and came to rest on the westbound right shoulder of Interstate 86. Chapa was ejected from the vehicle and transported by air ambulance to Portneuf Medical Center in Pocatello. Chapa's two passengers were…
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Gordon on Dual Roles and Forensic Mental Health Testimony
Sara Gordon (University of Nevada, Las Vegas, William S. Boyd School of Law) has posted Crossing the Line: Daubert, Dual Roles, and the Admissibility of Forensic Mental Health Testimony (Cardozo Law Review, Vol. 37, No. 4, p. 1345, 2016) on...
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