IDAHO STATE POLICE NEWS RELEASE - generated by our News Release List Server 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 TWO CASE # L16000748 --------------------- PRESS RELEASE ----------------------------- DATE: May 29th 2016 TIME: 1:53 AM LOCATION: US Forest Service 250 at mp 31.8 ASSISTING AGENCIES: Clearwater County Sheriffs Office VEHICLE #1 DRIVER: Hunter C. Skiles AGE: 21 ADDRESS: Pierce, ID INJURIES: Fatal HOSPITAL TAKEN: Pine Hills Funeral Home VEHICLE YEAR: 1998 VEHICLE MAKE: Dodge VEHICLE MODEL: R25 WRECKER: Orofino Body Shop SEATBELTS WORN: No ------------- PASSENGER #1…
D2 Fatal Crash US FS Rd 250 near Pierce ID
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Libertarians, Mouthy Middle Schoolers Gone Nuts
In an age where the federal government is a gargantuan burlesque of the Framers' vision -- of late directing local schools about who can use which shower and bathroom, and local judges about when they may (and may not) enforce traffic fines against scofflaws -- it's easy to see the appeal of libertarianism.Easy, that is, until libertarians start talking:During the [Libertarian Party Convention] presidential candidate debate, the room went wild for suggestions of abolishing the Federal Reserve, state-sponsored education, and gun control. "I believe in a world where gay married couples can defend their marijuana fields with submachine guns, aw yeah baby!" conservative libertarian Austin Petersen said. "Crystal meth should be as legal as tomatoes," another candidate Daryl Perry declared. I'm all for the right to defend your person and your home with force, including, in cases of imminent danger of grave bodily harm,…
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"Anti-Incarcerative Remedies for Illegal Conditions of Confinement"
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Adjudication Withheld | Collateral Consequences
South Florida Criminal Attorney | DUI Attorney Blog Adjudication Withheld Florida Statute 948.01 gives the trial court discretion to “withhold adjudication” after imposition of a sentence of probation in felony cases. You are supposedly spared the collateral consequences of a criminal conviction if adjudication is withheld. There are several benefits to having adjudication withheld. You can say that you have never been convicted of a crime on employment applications. Your keep your civil rights. You are eligible to have your record sealed after you complete probation and pay all court costs and fines. Having adjudication withheld would appear to be a “get out of jail free” card or a “free pass.” However, a withhold of adjudication is not without collateral consequences. Don’t let the following talk you out of accepting a withhold of adjudication. Talk to your lawyer about the…
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Aaron Stephen White Arrested in Hallandale Beach, Florida for Fraud and Grand Theft
Aaron Stephen White, a resident of Texas, was arrested in Hallandale Beach for allegedly defrauding $97,000 from Amberleigh Clark in a bogus Apple iPhone sale. White, 44, faces grand theft and fraud charges. Records show that he was released from police custody after posting $10,000 bail. According to the arrest report, White purportedly convinced Clark to invest in his fake iPhone distribution business with the promise that he’ll triple her investment. Clark claims to have given White close to $100,000 in over 12 months for iPhones from his Carribean-based distribution. The report states that Clark met White via a mutual friend, which was why she never bothered to check if White’s business was legitimate. Clark believed that his distribution business was real after he allegedly showed her a contract from another investor he purportedly scammed in 2012. Clark also claims that White promised her an employment opportunity that would enable her to obtain a work visa…
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In tradition of George Washington and Thomas Jefferson, Libertarians nominate for Prez a cannabis businessman in Gary Johnson
For a host of reasons, I am pleased to see the Libertarian Party getting more than its usual attention this election cycle; and, as reported here, this past weekend the Libertarian Party selection Gary Johnson and William Weld to be their Prez and VP candidated for 2016. Supporters of marijuana...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/q4rz6640Za0" height="1" width="1" alt=""/>
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Making the case for "Why Latinos Should Invest in Sentencing Reform"
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N.D.Ind.: CI was adequately corroborated and predictive info proved correct
The CI had been working with the drug officers for four months, and his significant information had been significantly corroborated. He also accurately predicted that $400,000 would be packaged and shipped by defendant. That was probable cause. United States v. … Continue reading →
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Memorial Day Open Thread
Today we justly honor the many men and women who died while serving in our Armed Forces. This year, more than most, I'm struck by the fact that war is not a distant memory, or an occasional event, but an ever-present condition. In war... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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United States v. Nesbeth and Collateral Consequences of Sentences
Many defendants focus exclusively on only one issue in their case – Am I going to jail? If there is even a possibility that this question may be answered affirmatively, follow-up issues concerns the length of the sentence and the facility where it may be served (e.g., state prison vs. county jail). What often gets lost in the discussions concerning this aspect of a criminal case are the collateral consequences of sentencing. Collateral consequences are other things that happen to someone with a felony conviction that have little to do with jail or prison time. These consequences follow a defendant upon release from custody, and can affect virtually every aspect of their life. A Federal Judge in the Eastern District of New York just wrote a 42-page opinion concerning collateral consequences that should be required reading for every trial judge (Federal and State) in the United States. Chevelle Nesbeth, the defendant and a college student from…
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How to Improve Your Privacy by Staying Off Databases
A reader of my new book, The Art of Fact Investigation, suggested that for the next edition there should be a chapter about legal ways to “hide from snoopers, private and public sector. I am probably not the only one who was thinking as I read the book on what I could do to keep my life more private in general in this day and age, other than staying off Facebook and Twitter.” Our firm believes in showing exactly how we get the information we get (plenty of examples in the book as well as on our two blogs). Therefore, we offer here free of charge a few pointers on how databases collect information about you and what kinds of things you can do to stay off them. Buy a house through a limited liability company that is not named in connection with you or anyone in your family. Base it not at your house or office but at the office of a trusted lawyer. Deeds and mortgages in the U.S. are public, so any home bought in your name will pop up, often on the internet free of…
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Case ' The Week: Client, Disappearing, Gets Ten at Hearing - Ornelas and Sentencing in Absentia
The Tenth's C.J., writing for the Ninth, gives ten reasons not to miss a sentencing hearing. United States v. Ornelas, 2016 WL 2342363 (9thCir. May 4, 2016), decision available here. Hon. C.J. Tymkovich (Tenth Circuit Court of Appeals)Players: Decision by visiting 10th Circuit Chief Judge Timothy Tymkovich, joined by Judges Farris and M. Smith. Facts: Ornelas had been indicted for conspiracy to distribute meth. Id. at *1. While on release, agents saw him involved in the purchase of meth. Id. He was released again, and agreed to drug testing and mental health counseling. Id. He plead to 10-years, under a plea agreement with an appellate waiver clause. Id. When agents searched his home and found meth, the MJ issued a warrant. Id. At sentencing, defense counsel appeared: Ornelas, however, did not. Id.at *2. Over defense counsel objection, the court imposed the ten year custodial term. Id. Issue(s): “Ornelas acknowledges that his appeal waiver…
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The Real Reason You Must Seal or Expunge Your Criminal Record
People are putting way too much personal information online these days. Now, this isn’t a big deal if you’re the one putting out information about yourself–at least you can control what’s out there. The problem is, our clerk of courts are now publishing arrest information. Back in the day, viewing a police report would take some effort. The clerk of court must be contacted, a written request made, or someone would have to show up to the clerk’s counter, and physically view the court file. Not anymore. Anyone on Earth can now see your worst moment, online, for free. We have 67 counties in Florida. Each has a Clerk of Court. Advances in document management software have enabled numerous clerk’s of court to publish police reports over the internet, free of charge, for all to see. And that, my friends, is why you should seal or expunge your criminal record. Continue Reading The post The Real…
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Perlin on The Death Penalty and Mental Disability
Michael L. Perlin (New York Law School) has posted 'Merchants and Thieves, Hungry for Power': Prosecutorial Misconduct and Passive Judicial Complicity in Death Penalty Trials of Defendants with Mental Disabilities (Washington and Lee Law Review, Vol. 73, 2016, Forthcoming) on...
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SJC to Consider Whether Defendant’s Should Have Right to Consult with Attorney Prior to Breathalyzer
According to an article in the Berkshire Eagle, the Supreme Judicial Court is scheduled to hear argument in a Berkshire OUI case – Commonwealth v. Neary French – that may impact the way drunk driving cases are prosecuted across the entire state. The facts of the case are as follows: the defendant was seen making multiple attempts to pull out of a parking space in downtown Lenox at approximately 1:15pm on November 28, 2012. According to the article, the police stated that “the vehicle was unable to navigate its way out of the parking spot,” and “collided with another vehicle slightly, several times,” despite the fact that “there was no real reason that vehicle couldn’t exit its parking spot.” The police removed the defendant from the car, made observations of her, and had her perform field sobriety tests. According to the police, the defendant “displayed all the signs of an intoxicated operator.”…
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What a Mess: Missouri Legislature Fails to Fix DUI Law
Changes to California’s DUI laws can affect hundreds or even thousands of drivers accused of DUI in Los Angeles. To that point, consider the big legal dust up currently transpiring in the Show Me state. Missouri legislators recently ended their 2016 legislative session without addressing a typo in regulations regarding calibration of breathalyzers used to measure blood alcohol content. The regulations, written by the state’s Department of Health and Human Services, should have read that breathalyzers had to be calibrated to 0.10 percent, 0.08 percent OR 0.04 percent. Instead the regulations said that the calibration had to be to 0.10 percent, 0.08 percent AND 0.04 percent. The regulations were in effect from December 30, 2013 until April 2014, when the DHHS corrected the error. Missouri’s Supreme Court ruled that drivers charged with DUI during that time could get their breathalyzer results thrown out as evidence, if the instrument had not been calibrated at…
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Grundbuchämter des Kantons Bern - Handbuch
Die Grundbuchführung im Kanton Bern ist derzeit daran, ein elektronisches Handbuch für den Verkehr mit den Grundbuchämtern und die Grundbuchführung zu erstellen. Seit dem 27. Mai 2016 sind drei neue Artikel verfügbar. Unter Ziff. 5.10 findet sich neu ein Teil zu Einreichung, Aushändigung und Umbuchung von Papier-Schuldbriefen. Ziff. 5.11 enthält neu Fragen im Zusammenhang mit leeren Pfandstellen und vorbehaltenen Vorgängen. Ziff. 5.12 regelt sodann Tatbestände im Zusammenhang mit dem Verbot der Verpfändung von nichtverwertbaren Grundstücken. Adrian Mühlematter http://www.lawblogswitzerland.ch
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Leasure & Andersen on Certificates of Recovery
Peter Leasure and Tia Stevens Andersen (University of South Carolina and University of South Carolina) have posted An Experimental Study of the Effectiveness of Certificates of Recovery as Collateral Consequence Relief Mechanisms on SSRN. Here is the abstract: Securing stable,...
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2016.013: An Apology
It’s no secret that the groom and I will never be friends. Since he was a baby prosecutor I’ve had grave ethical concerns about him. I’ve named him a couple of times in this blog. But the groom being fair game doesn’t make the bride fair game. Someone sent me a link to a story about the groom’s wedding proposal, in which he had faked his own arrest. I shared it in a three-word tweet: At no time did it occur to me that in this, the work of about five seconds, I was painting the bride with the “fascist” label as well as the groom. Of course that’s what the plural does. But the underlying story does not demonstrate the bride’s own authoritarianism: Love is a funny thing, and libertarians fall in love with authoritarians all the time. Recently I heard that the bride had seen the tweet and been hurt by it. To the bride: I apologize unreservedly. I had no intention of hurting you. I have deleted the tweet, and will be more mindful…
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2016.014: Gawker, Thiel, and the Future of Free Speech
What I write is what I mean. I will not gertrude. If you read into my words support or opposition for something other than I explicitly support or oppose, you are a fool. The revelation that Hulk Hogan’s lawsuit against Gawker was bankrolled by Silicon Valley billionaire Peter Thiel, who had a hardon for the media company because it outed him as gay, has prompted some interesting discussions. If you love free speech, a billionaire’s successful bankrolling of a company-killing lawsuit over the nonconsensual publication1 of a sex tape is not cause for celebration. While one, especially one on the right, might reasonably find joy in the destruction of a leftwing media company publishing pornography without its subjects’ consent, broader principles dictate wariness of covert financing of lawsuits punishing speech. This is not about the social consequences of speech, but rather about the legal consequences. Thiel did not organize a boycott or fund Gawker’s…
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