Before we begin, a footnote- 87 people died by handgun violence on Monday, June 13, 2016. About an average day in the United States. About 32,500 people will die in 2016 from handgun violence. There are 88 guns for every 100 people in the United States. We have two variables here- deranged people and a proliferation of handguns. And because of the cowardice of politicians, we only want to discuss one of the two problems- and it's not the handguns. For shame. "The hottest places hell are reserved for those, in times of moral crises, preserve their neutrality." President John F. Kennedy, misquoting Dante. WHERE IS OUR BOBBY?In the "long, hot summer of 1967, snipers in Newark and Detroit fired upon police and firefighters. Cities burned. In 1968, the Tet offensive showed that the war in Vietnam could not be won. Dr. Martin Luther King was killed. President Johnson sent tanks and troops into America's inner cites, and Southeast…
WHERE IS OUR BOBBY
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DUI Bond Conditions and EtG
The courts in Nashville,Tennessee will require random drug testing if you are charged with a multiple DUI charge. It is a condition of your bail bond. Positive drug test could mean that your bail would be revoked pending the outcome of your case. The test also looks for Ethyl Glucuronide (EtG). I added the fancy symbol above. EtG is a biomarker for ethyl glucuronide. It is basically a method to determine alcohol consumption.Here is what the Substance and Mental Health Services Administration has to say about EtG testing; The EtG test is simply not reliable by itself to determine alcohol consumption. According to the SAMHSA advisory: "Currently, the use of an EtG test in determining abstinence lacks sufficient proven specificity for use as primary or sole evidence that an individual prohibited from drinking, in a criminal justice or a regulatory compliance context, has truly been drinking. "Legal or disciplinary action based solely on a positive EtG ... is…
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CDX Holdings, Inc. v. Fox: Chancery Court’s Decision Is Affirmed, But Dissent Blasts Use of “Hindsight Bias” Analysis
On June 6, 2016, the Supreme Court of Delaware affirmed a decision of the Chancery Court finding that corporate directors and officers involved in a sales transaction breached a contract with option holders to fairly value their options (see here for a thorough explanation of the Chancery Court decision, and in particular, the Court’s criticism of the retained financial advisers that provided a valuation analysis). The Supreme Court decision also included a disproportionately lengthy dissent condemning both the Chancery Court’s findings and its reliance on “social science studies” to reach them. The underlying action arose out of a sale transaction involving the businesses of Caris Life Sciences, Inc. (“Caris”). To secure financing for two of its subsidiaries, Caris opted to sell off a third subsidiary in the fall of 2011 to Miraca Holdings, Inc. (“Miraca”). In an effort to minimize the tax consequences of the…
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"Omar Mateen’s Wife Under Scrutiny by F.B.I., Official Says"
From The New York Times: The wife, Noor Zahi Salman, told the F.B.I. that she had driven him to the Pulse nightclub at some point before the attack and that she had also been with him when he purchased ammunition,...
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A Radical Fundamentalist By Any Other Name is Still a Radical Fundamentalist
Since the Orlando Night Club shooting, Trump and others have criticized the President for not using the magic words “Radical Islam” in discussion of the news. According to NBC News: When Donald Trump blasted President Obama for failing to make reference to Islam in connection with the Orlando nightclub massacre, the GOP’s presumptive presidential nominee was renewing a longstanding criticism of the White House’s carefully calibrated rhetoric about terrorism. Obama “disgracefully refused to even say the words ‘Radical Islam’,” Trump said in a statement Sunday. “For that reason alone, he should step down. If Hillary Clinton, after this attack, still cannot say the two words ‘Radical Islam’ she should get out of this race for the Presidency.” Trump repeated his criticism on TODAY Monday morning, saying Obama was “not addressing the issue, he’s not calling it what it is.” Although the Orlando…
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Do I REALLY Need a Bankruptcy Lawyer?
One of the most frequently asked questions we receive from our Georgian friends and neighbors is, “Do I really need a bankruptcy lawyer?” Since bankruptcy lawyers charge fees to file a client’s bankruptcy case, a person who is already having financial difficulties may feel that a lawyer is simply too expensive or not worth the cost. For some people, their individual case may be very simple and straightforward thereby removing the need to work with an experienced lawyer. However, others may have very complex cases involving multiple mortgages, retirement accounts, trusts, lawsuits, annuities, etc. In general, the more complex the case, the more likely a person should work with an attorney. First and foremost, it should be emphasized that there is no legal requirement to work with an attorney. You can certainly file a bankruptcy case on your own, and many people choose to do so, but there are many dangers and pitfalls that a bankruptcy attorney will help you…
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Out of State Man Avoids Felony Firearm Charge
Crimes often vary between states and if someone is charged with a crime outside of their home state, it is essential to consult an attorney with extensive knowledge of the local laws and has experience handling similar cases. Recently, the Ohio defense attorneys with Luftman, Heck & Associates assisted a man from Louisiana who wound [...]The post Out of State Man Avoids Felony Firearm Charge appeared first on Columbus Criminal Attorney.
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Split en banc Ninth Circuit tries its level best to sort through what Freeman means for crack guideline retroactivity eligibility
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SALEM MAN IS CHARGED WITH TRAFFICKING IN HEROIN (Part One)
Allen Delisle, 29, hereinafter, the “Defendant” learned about law enforcement and allegations about the drug trade yesterday according to the Salem Daily News. The Defendant was held on $100,000 cash bail at Salem District Court. The next date is scheduled to be for a probable cause hearing. Translation? The Commonwealth is going to indict him According to the Commonwealth, after two pre-warrant buys from the Defendant, A search warrant was executed Friday afternoon. The Defendant was allegedly found with more than 2 ounces of heroin in his rooming house . As a result, he stands charged with heroin trafficking and distribution of drugs near a school or park. The Commonwealth claims that it recovered thousands of dollars in cash in the pockets of the Defendant as well as thousands of dollars worth of heroin. Packaging materials were also apparently discovered The Defendant faces a mandatory minimum of seven years in state prison if convicted. The issue of…
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Proposed Federal Mandatory Minimums for Fentanyl are “Crazy,” Shameful
The state of New Hampshire is facing a drug epidemic crisis. No doubt about that. The epidemic is literally eating away at the social fabric of the Granite State. This past February NBC News reported that there were “roughly 400 drug-overdose related deaths” in the state last year, the most ever in the state’s history in a one-year period. Per capita, New Hampshire has the third-highest addiction rate in the nation, mostly involving heroin and fentanyl. Historic Addition Rates and Overdoses Rock U.S The state’s largest city, Manchester, has been hit the hardest. The city’s had 65 heroin overdose deaths during the first nine months of 2015, the Union Leader reported. The state’s attorney general is currently investigating roughly 40 drug overdose deaths in an effort to bring criminal charges against those responsible of providing the drugs that caused the overdoses. New Hampshire is not alone, addiction to opiates, from…
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CFPB Proposes Rule on Small Dollar Lending
On June 2, 2016, the Consumer Financial Protection Bureau (“CFPB”) released its proposed rule on small dollar lending during its scheduled field hearing in Kansas City, Missouri. The controversial proposed rule will affect payday loans, single-payment vehicle title loans, deposit advance products, and certain-high cost loans. Under the proposed rule, lenders would be responsible for making sure that borrowers take on only debt that they can afford to repay. The proposed rule would require lenders to make a “full-payment test” before making most small dollar loans. This test would verify that the borrower can afford to make each payment and still meet all major financial obligations including basic living expenses. The proposed rule further limits the number of times and under what conditions loans can be rolled over each month. For example, payday and single-payment vehicle title loans would be capped at three successive loans followed by a…
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Gallup: Public Confidence In Police Recovers
Frank Newport reports for Gallup:Americans' confidence in the police has edged back up this year after dropping last year to its lowest point in 22 years. Currently, 56% of Americans have "a great deal" or "quite a lot" of confidence in the police, four percentage points higher than in 2015. Confidence is essentially back to where it was before a series of highly publicized incidents involving white police officers and young black men in several communities across the country.
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2016.018 Why It’s Time to Repeal the First Amendment
I teach the Constitution for a living. I revere the document when it is used to further social justice and make our country a more inclusive one. I admire the Founders for establishing a representative democracy that has survived for over two centuries. But sometimes we just have to acknowledge that the Founders and the Constitution are wrong. This is one of those times. We need to say loud and clear: The First Amendment must be repealed. As much as we have a culture of reverence for the founding generation, it’s important to understand that they got it wrong — and got it wrong often. Unfortunately, in many instances, they enshrined those faults in the Constitution. For instance, most people don’t know it now, but under the original document, Mitt Romney would be serving as President Obama’s vice president right now because he was the runner-up in the last presidential election. That part of the Constitution was fixed by the Twelfth Amendment, which set…
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Russian Government Hacks DNC
Ellen Nakashima reports for the WaPo:Russian government hackers penetrated the computer network of the Democratic National Committee and gained access to the entire database of opposition research on GOP presidential candidate Donald Trump, according to committee officials and security experts who responded to the breach.The intruders so thoroughly compromised the DNC's system that they also were able to read all email and chat traffic, said DNC officials and the security experts.Hacking is a federal crime, but I doubt the feds are going to prosecute the government of Russia.
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"Virginia felon voting rights challenged"
From Jurist: Judicial Watch [advocacy website] filed alawsuit [complaint; press release] Tuesday challenging an executive order by VirginiaGovernor Terry McAuliffe [official website] restoring the voting rights of certain felons. McAuliffe signed an executive order in Aprilrestoring the voting rights [JURIST...
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Crash EB I90 MP 18.6
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 CASE #: C16001401 District: DISTRICT ONE --------------------- PRESS RELEASE ----------------------------- DATE: 06/14/2016 TIME: 4:22 PM LOCATION: EB I90 MP 18.6 ASSISTING AGENCIES: Kootenai County ------------- VEHICLE #1 DRIVER: Michael Spicer AGE: 58 ADDRESS: Coeur d'Alene INJURIES: Yes VEHICLE YEAR: 2004 VEHICLE MAKE: Ford VEHICLE MODEL: F250 WRECKER: Schaffers SEATBELTS/HELMET WORN: Yes ------------- ------------- INCIDENT NARRATIVE: Spicer was travelling eastbound on I90 at milepost 18.6 when he failed to negotiate a right curve. Spicer lost control and collided with the concrete median divider. He then overturned and came to a rest on top of the…
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Search and seizure and lack of a reasonable suspicion – D.C. Circuit reverses denial of suppression motion: “our society does not allow police officers to ‘round up the usual suspects.’” United States v. Castle, _ F.3d _ (D.C. Circuit, No. 14-3073, June 14, 2016).
In the wake of last Friday’s “Trifecta” (my words) when the D.C. Circuit remanded three criminal appeals, another divergent panel vacated a district court that had denied a motion to suppress physical evidence and a statement gained as a result of a warrantless seizure. In United States v. Castle a divided Circuit panel overturned the district court, finding the police officers’ street apprehension of Harold Castle to have been unreasonable and built on the officers’ flimsy inferences and the Trial Judge’s “generalized findings regarding ‘the neighborhood.’” (Slip Op. at 3). Speaking for the majority, Senior Circuit Judge Edwards found that the officers had no reasonable basis to detain appellant and question Castle, and suppressed the evidence therefrom. The officers claimed that Castle was acting furtively and they intuited that he must have known of their presence in an unmarked vehicle, because he lived in an area…
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Tuesday Night Open Thread
I've been busy with work. But I am following a few things, mostly the transfer of Hector Luis "El Guero" Palma-Salazar (former compatriot of El Chapo) to Mexico upon completion of his U.S. sentence, but also, the murder of a 20 year old who... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Hillary Wins D.C. Primary
Hillary Clinton trounced Bernie Sanders in the Washington, D.C. primary. The Associated Press said with 83 percent of the precincts reporting, Clinton has 67,156 votes, compared to 17,983 for Sanders. Hey, Bernie, are you done now? It's not... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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