Great song. Great lyrics.
Best of Brand New: Bear Hands "2 A.M."
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Despite a quarter-century being "tough," Hillary Clinton still attacked by Donald Trump as soft-on-violent-crime
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"Trespass, Not Fraud: The Need for New Sentencing Guidelines in CFAA Cases"
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Drunk Driver Alleged to Have Crashed into Verizon Picketer
As you drive through the City of Boston and other large metropolises like New York and Washington, DC, you are likely to see picketers marching with large signs and chanting outside a large downtown office building. These picketers have decided they are being oppressed or taken advantage of by their employer, and they need to speak out. They are taking a big risk, because, depending on their level of skill as worker and the relative strength of the local union, they might end out losing their jobs. At the very least, they are having to suffer the consequences of going without pay for a potentially substantial about of time. In addition to the many economic threats, it seems there are other types of risks from spending hours alongside a crowded city street. According to a recent news feature from the Boston Globe, a Verizon worker was picketing outside a wireless store location when an alleged drunk driver crashed into him so violently that he was flipped…
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DAG Yates spotlights in commencement speech role of Georgia School of Law in clemency achievement
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Notable commentary highlights how "Legalized Pot, Free Trade" could significantly improve US-Mexico interactions
This notable new New York Times commentary, authored by Ioan Grillomay and headlined "Legalized Pot, Free Trade," highlights some international benefits that could and should flow from modenr marijuana reform efforts. Here are excerpts: Speaking last month at the United Nations special session on drugs, President Enrique Peña Nieto said...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/P_dquevnp5M" height="1" width="1" alt=""/>
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Are You Asking Me or Telling Me?
In the recent ruling the Arizona Supreme Court considered a Fourth Amendment issue and Arizona’s implied consent law in DUI case. The cases centered around two primary issues. The first was whether or not consent to a warrantless search was voluntary, after suspect agreed to submit to it, only after the officer instructed him repeatedly about the law. The next question for the court was whether or not the advisement by the police officer was given in good faith when the officer believed that his conduct was lawful and not in violation of the suspect’s 4th Amendment rights. This article provides a case overview, legal principles that applied, and the additional related resource information: Impact of Ruling on Arizona Drivers; Good Faith Exception to the Exclusionary Rule; Arizona Courts on what Constitutes Voluntary Consent to Search; Answers to the question surrounding “Should I consent to a DUI Test in Arizona?”; 10 Common Defenses for DUI…
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Search Warrants Target Places, Not People
In United States v. Church, the Defendant quickly learned that some meals can wait. David Church, Jr. was bringing home fast food when detectives appeared at his door looking to serve him with a warrant for violating his probation. The probation officers then placed Church under arrest. At that time, Church asked the officers if he could go inside his home to finish his dinner. The officers agreed and Church let them follow him inside. When they entered, the officers smelled marijuana. Recognizing his situation, Church admitted to smoking marijuana and even showed the officers a blunt. Church then called his girlfriend. However, his girlfriend did not help the situation when she admitted Church regularly smoked marijuana at the home.One of the arresting officers left to prepare a search warrant affidavit while Church stayed at his home with another agent and his girlfriend (presumably, he finished his dinner). In…
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Links on Texas criminal records policy
As two House committees prepare for a joint hearing on Wednesday related to criminal records in Texas, the Legislative Reference Library offered these links for anyone preparing for the event:May 25 Top House Committees on Government Transparency & Operation and Homeland Security & Public Safety (Joint Hearing) Joint charge: Criminal records Survey of State Criminal History Information Systems, 2014, U.S. Department of Justice, Bureau of Justice Statistics, December 2015 Interim Report to the 84th Legislature (Charge 3 - Sale of criminal histories), House Committee on Criminal Jurisprudence, January 2015 Criminal Records in the Digital Age: A Review of Current Practices and Recommendations for Reform in Texas, William Wayne Justice Center for Public Interest Law, The University of Texas School of Law, March 2013 Broken Records: How Errors by Criminal Background Checking Companies Harm Workers and Businesses (Part IV/C, Bulk dissemination of…
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Motorcycle Crash With Injuries in Pocatello
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: 5/21/2016 8:20 p.m. Please direct questions to the District Office On Saturday, May 21, 2016, at approximately 5:00 p.m. the Idaho State Police investigated a two vehicle injury crash in the area of 4900 South 5th Avenue in Pocatello. William Bransky, 53, of Pocatello, was riding a Harley Davidson motorcycle, travelling northbound on South 5th Avenue. During a lane change, his vehicle collided with the rear corner of a 1987 Dodge Pickup, being driven by John Larsen, 47, of Twin Falls, who was also traveling northbound. Bransky's motorcycle then left the roadway and Bransky was ejected from the vehicle. Bransky was transported by ground ambulance to Portneuf Medical Center…
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N.D.Cal.: Def’s stop here was really no more than on a hunch; RS lacking for mere proximity to a crime
On the totality, officers lacked reasonable suspicion to stop defendant for mere proximity to a crime. The government’s hypotheticals don’t overcome that this was essentially a hunch. She stared straight ahead when there were a bunch of police cars around, … Continue reading →
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IN: Blanket probation search condition was valid
Defendant was told he had a blanket search condition as a condition of probation. Prior case law in Indiana has held that reasonable suspicion isn’t required, and this court can’t and won’t change it. Hodges v. State, 2016 Ind. App. … Continue reading →
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OH7 follows Hudson; failure to knock-and-announce doesn’t warrant suppression
A failure to properly knock-and-announce an entry does not warrant suppression, following Hudson v. Michigan. State v. Bembry, 2015-Ohio-5598, 2015 Ohio App. LEXIS 5397 (7th Dist. December 30, 2015). [Yes, just now on Lexis.] The motion to suppress is denied … Continue reading →
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FL5: Pre-Riley cell phone search incident valid under Davis GFE
Pre-Riley cell phone search incident: “We agree that the initial search violated Burton’s Fourth Amendment rights but nevertheless affirm the denial of his motion to suppress evidence based on the exception to the exclusionary rule articulated by the United States … Continue reading →
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Fatality Crash Near Jerome
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000 Fax (208) 324-7897 For Immediate Release: 5/22/2016 00:10 a.m. Please direct questions to the District Office On Saturday, May 21, 2016, at 6:04 p.m., the Idaho State Police investigated a fatality crash on eastbound Interstate 84 at milepost 181, near Jerome. Nichi Haak, age 61, of Florence, Oregon, was driving eastbound on Interstate 84 in a 2002 Honda CRV when she lost control and went off the right shoulder. Jessica Stoker, age 24, of Burley, was driving eastbound on Interstate 84 in a 2015 GMC Yukon. Stoker lost control, went off the right shoulder and t-boned Haak's vehicle on the driver's side. Stoker's vehicle came to a stop in a field off the right shoulder. Haak was transported by…
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FMH: Empfehlungen für Ärzte zum Umgang mit Social Media
Der Berufsverband der Schweizer Ärzteschaft (FMH) hat am 18. Mai 2016 ein fünfseitiges Dokument zum "Umgang mit sozialen Medien - Empfehlungen für Ärztinnen und Ärzte" veröffentlicht.Diese Empfehlungen richten sich an Ärzte sowie Medizinstudierende und wohl auch mind. teilw. an nichtärztliche Gesundheitsfachpersonen. Sie sollen ihnen als "Orientierung und Hilfestellung" dienen, auf "Risiken und Gefahren" im Umgang mit sozialen Medien aufmerksam machen sowie "im korrekten Umgang im besonderen Kontext ihres Berufes" Unterstützung bieten.Konkret wurden folgende Empfehlungen formuliert:Empfehlungen 1: Vertraulichkeit von patientenbezogenen Informationen "Sehr zurückhaltende" Verwendung "patientenbezogener Informationen"; Patientenfotos oder -videos nicht mit privat (mit)genutzten Geräten erstellen; fachlichen Austausch unter Berufskollegen (bspw.…
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Sotomayor’s Empathy: Lawyers Pay The Price
Supreme Court Justice Sonia Sotomayor opened a can of worms at the American Law Institute when she announced that she was in favor of “forced labor,” a very curious choice of words. U.S. Supreme Court Justice Sonia Sotomayor said Monday that all lawyers should be required to provide pro bono legal services. “I believe in forced labor” when it comes to improving access to justice for the poor, she said during an appearance at the American Law Institute’s annual meeting in Washington. “If I had my way, I would make pro bono service a requirement.” Sotomayor made the comment in response to a question from institute director Richard Revesz about the dearth of legal services for low-income individuals. The justice said she was aware of programs—like New York state’s—that make pro bono work a requirement for admission to the bar. She also acknowledged that some critics say lawyers who are compelled to work for free…
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Trees, Forests and Clouds: The A2J Fantasy
In a bit of typical twitter silliness, a truncated discussion broke out following the Stanford Law School CodeX lie-fest. Too mean? Okay, how about circle jerk? Still too mean? Jeez, tough crowd. Let’s try, well-intended but clueless gathering. That’s the best I’m going to do, so suck it up. One piece of the discussion addressed the self-serving contention that legal tech was the savior of the poor and downtrodden who couldn’t afford legal representation, access to justice, or A2J. I called bullshit. They wrap themselves up in their white knight armor under the A2J banner, all the while concerned only with whether they can sell their gadget and make a fortune. Don’t be shocked at the hypocrisy and ignorance. These are desperate people, constantly staring failure in the face, in critical need of facile excuses that shift the blame for their ugly, unwanted babies to anyone but them. How absurd are these self-proclaimed heroes of the poor? When I…
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The Promised Rose Garden Wilts
The New York Times bemoans the “broken bargain” with college graduates, following up on President Obama’s commencement address to students at Rutgers, who are already starting out at the deficit of being in New Jersey: In his recent commencement address at Rutgers University, President Obama focused on the noneconomic reasons for going to college. The skills gained in college, he said, are tools to help “make the right choices — away from fear and division and paralysis, and toward cooperation and innovation and hope.” No, no mention of his imploring the kids not to be such fragile teacups. That’s not the broken promise. This is: It was an important reminder, well suited to the times and the occasion. But it also came across as if the economic benefits of college were a given. In fact, the familiar assumption — graduate from college and prosperity will follow — has been disproved in this century. College-educated workers…
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How Long Does a Felony Stay on Your Record?
In Arizona, charges, arrests, misdemeanors and felony convictions will stay on your record until they are expunged. In Arizona, expungement is called “motion to set aside.” In order to set aside a criminal arrest or charge there is a process that you must follow. The process includes a lengthy petition procedure to the state or jurisdiction in which the crime was prosecuted. Having a knowledgeable Tempe expungement attorney on your side during that process could mean the difference between success and failure. Expungement Process and Record Expungement Requirements Anyone who is convicted of a crime in Arizona is entitled to put through a petition to have the conviction set aside or expunged. The convicted person must first complete their sentence or probation as required. The crime itself must meet certain requirements. Crimes involving serious physical injury, using a deadly weapon, sexual crimes, or crimes involving minors, cannot…
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