Now it's been passed down to her employees.First a lesson: All objections can be made in five words or less. Speaking objections are absolutely not permitted. Absolutely. "Objection, hearsay.""Objection, violates confrontation.""Objection, relevance.""Objection, lack of foundation.""Objection, 404(B)."However, here is the Luce objection style, and it is all on public record. By the way, this is our sitting district attorney, not a junior attorney. This is an attorney who's feet has not been held to the fire. That's how you become this bad."Your Honor, this is improper, this is wrong, your Honor, I can't believe this.....blah, blah...blah.""Your Honor, I am amazed that such a thing.....blah, blah, blah."The reason speaking objections are not permitted, is because they have a strong likelihood to prejudice the fact-finder.So speaking objections are not…
The Dianna Luce Objection Style
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Nationalrat will neue Vorschläge zum elektronischen Zugriff auf das Grundbuch
Der Nationalrat hat am 14. Juni 2016 (s. SDA Mitteilung) die Vorlage des Bundesrats zum elektronischen Zugriff auf das Grundbuch mit 146 zu 24 Stimmen bei 9 Enthaltungen zurückgewiesen. Der Bundesrat muss seine Vorschläge nun überarbeiten. Entgegen der Vorlage, welche zur Identifikation der Personen im Grundbuch die AHV-Versichertennummer vorgeschlagen hat, will der Nationalrat einen separaten Identifikator einführen. Im Zusammenhang mit Terravis (SIX Group) will der Nationalrat, dass die Führung des elektronischen Grundbuchs einer massgeblich vom Bund oder von den Kantonen kontrollierten öffentlich-rechtlichen Institution übertragen wird. Schliesslich verlangte der Nationalrat, dass der erweiterte Zugang von Anwältinnen und Anwälten zum Grundbuch wieder eingeschränkt wird. Die Vorlage geht nun an den Ständerat. Adrian Mühlematter http://www.lawblogswitzerland.ch
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Can Littering Be A Felony In North Carolina?
Charlotte Criminal Lawyer Brad Smith answers the question: “Should I talk to the police?” Everyone knows that you shouldn’t litter. When most people think of litterbugs, they think of those who throw fast food bags out their windows while driving down the road. Most of these cases are punishable with small fines, but there are some instances where serious littering can result in serious punishment. Continue reading →
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Manslaughter Case No Billed in Morris County, Texas
Mr. Lowe’s client got into a drunken argument with his father-in-law on Christmas day 2015. The argument became physical and and Mr. Lowe’s client pushed his father-in-law off his father-in-law’s front porch of the father-in-law’s home in Naples, Texas. The fall resulted in severe brain trauma. The client’s wife was present when the altercation took place. Both Naples Police and the Texas Rangers investigated the incident. The father-in-law was taken to the hospital. The next day, the father-in-law was pronounced dead. The medical examiner’s autopsy indicated that death was caused by blunt force trauma to the left side of the father-in-law’s skull. Mr. Lowe’s client was arrested and charged with both Aggravated Assault, Serious Bodily Injury and Manslaughter. Each charge carried a range of punishment of 0-20 years and an optional fine not to exceed $10,000. Mr. Lowe’s pre-grand…
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Tacoma Man’s Domestic Violence Conviction Overturned Because Trial Court Improperly Limited Evidence of Self-Defense
When you’re facing a criminal domestic violence charge, there are many things that may go into your defense. If you took physical action because you reasonably feared for your safety and used only as much force as necessary, you may have a valid defense of self-defense. In a recent case from Tacoma, the Washington Court of Appeals threw out a conviction because the trial court’s refusal to allow the accused man to testify about two previous attacks, in which he was the victim and his alleged victim was the attacker, improperly limited the man’s constitutional right to put on a defense. In this case, Tacoma police officers, responding to witness claims that a man was striking a woman with his knee, found the woman, Lisa Miles, with several injuries to her face. The man, Kenneth Driscoll, told officers he acted in self-defense. The prosecution charged Driscoll with fourth-degree assault — domestic violence. At his trial, Driscoll tried to bring…
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"L.G.B.T. People Are More Likely to Be Targets of Hate Crimes Than Any Other Minority Group"
From The New York Times: Even before the shooting rampage at a gay nightclub in Orlando, Fla., lesbian, gay, bisexual and transgender people were already the most likely targets of hate crimes in America, according to an analysis of data...
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Keeping a Person Under Supervision When There’s No Sentence Left to Suspend
When a person has so much jail credit that he has served his entire sentence of imprisonment, may he nonetheless be sentenced to probation? In other words, may a court sentence someone to probation when there is no sentence left to suspend? For example, suppose a Class A1, Prior Conviction Level II misdemeanant has 100 days of jail credit. The maximum permissible sentence in that grid cell is 75 days. Obviously if the court gave an active sentence—which is authorized in this C/I/A grid cell, or in any misdemeanor grid cell through the “active punishment exception” of G.S. 15A-1340.20(c1)—the jail credit would exceed the sentence and the defendant would be immediately released to time already served. But could the court put the person on probation? In my opinion, no. The sentencing judge is required to apply creditable jail time to the term of imprisonment regardless of the sentence disposition (active or probationary). G.S. 15-196.1; -196.4. And…
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PPK Y EL FUTURO DEL PERÚ - PODER JUDICIAL
PPK Y EL FUTURO DEL PERÚ – PODER JUDICIAL (páginas 219 a 225 – JUSTICIA PARA TODOS) En nuestro País mientras más instituciones creemos o pretendamos mejorar las existentes abriremos la misma cantidad de ventanas a la corrupción NO es pues, desde mi perspectiva crear o modificar una opción pensando que con ella combatiremos este flagelo (la corrupción), mi propuesta que, obviamente, está sujeta a evaluación, correcciones y mejoras atendibles puede parecer “prima facie” la creación de una Hidra de muchísimas cabezas, sin embargo todas apuntan a obtener lo mejor de la vidriera abogadil, es decir RESULTADOS. En el sector privado debería serlo también en el público la excelencia es una búsqueda constante, así por ejemplo, los inventarios de bienes fungibles y no fungibles cuando se realizan por el personal de la empresa o…
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Nevada Armed Robbery Charges
One man is accused of robbing a Domino’s near UNLV on May 13. Police say that the suspect brandished a handgun before telling store employees to empty out the cash register. He fled the scene with an undisclosed amount of money. Based on Nevada’s robbery laws, which are defined in NRS 200.380, the suspect could be looking at some fairly heavy penalties. This law defines armed robbery as the use of a deadly weapon in the commission of a theft crime. The weapon could be a knife or a gun, and it isn’t necessary for the alleged perpetrator to actually use the weapon or to injure someone with it. Simply having it in their possession and showing it may be enough for the police to bring charges. A skilled Las Vegas criminal defense attorney can use several defenses to assist a client who is facing these charges. It may be that the prosecution cannot prove that the defendant used force, violence or fear in the commission of the crime. Perhaps the victim or victims are…
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The Colloseum
As I begin my reading of the Third Edition of Real and Demonstrative Evidence by Ronald J. Rychlak–yeah, I’m one of those “old school” dogs who likes to waste his weekends by reading legal shit keep improving my legal skills through study–I do not make it far before I want to break down in tears. Because I’m also one of that class of criminal defense lawyers maligned as “true believers.” Eric Schweitzer may approve. I doubt Scott Greenfield does, at least on that point. (I have heard him, too, malign “true believers,” although, I frankly see him too is a true believer. So maybe I’m wrong. Or maybe I just don’t know Scott.) At any rate, I make it as far as page 3, when I read: Not long ago, at least from a historical perspective, it was expected that lawyers would present long intricate arguments that may have lasted for several days. Even if there were no court-imposed time limits, such long presentations…
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Supreme Court up holds Implied False Certification under the False Claims Act
In a resounding victory for whistleblowers, the Supreme Court, in Universal Health Services, Inc. v. United States et al. ex rel Escobar et al., found that a defendant could be liable for violating the False Claims Act under a theory of implied false certification. This holding supports the proposition that when a defendant submits a claim for payment, but fails to disclose its non-compliance with a law, rule, or regulation, that defendant can be found liable under the False Claims Act, if the failure to disclose is misleading and material. The Court found that the government’s decision whether or not to make a requirement a condition of payment is not a prerequisite to liability. If it was, the Court reasoned, the government could simply make all rules and regulation a condition of payment. Instead the Court in a well-reasoned opinion, focused on materiality, and in doing so rejected the Seventh Circuit’s holding in United States v.…
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"Why our emotional reactions to terrorist attacks and other tragedies are a poor guide to policy"
Ilya Somin has this post at The Volokh Conspiracy. In part: First, much of the public is ignorant about public policy issues, and forms opinions without serious consideration of the evidence. Such ignorance is not necessarily a sign of stupidity...
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Making the case that Congress should, at the very least, make the Fair Sentencing Act fully retroactive
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"States of Incarceration: The Global Context 2016"
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Eradicate Drug Crimes and Make Us All Safer
As Reuters News reported yesterday, a major drug bust was made in the Boston area yesterday (Thursday June 16,) as part of a network of arrests designed to break up a vast drug and guns-smuggling enterprise. Approximately 400 police and law enforcement officers took part in the major operation, fanning out across Boston and surrounding areas. The crime fighting effort was coordinated by the U. S. Attorney’s Office in Boston, and police made 66 arrests of suspected gang members. Of the 66 suspects arrested in the drug crackdown, 13 were charged in a federal indictment charging racketeering, contending that the suspects trafficked heroin, cocaine and firearms with serial numbers removed. The suspects are alleged to be members of the East Side Money Gang, the 18th Street and the Boylston Gang – all violent drug dealing organizations. Police seized at least 70 separate firearms, including rifles and semiautomatic handguns . U.S. Attorney Carmen…
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WERE YOU DRIVING A MOTOR VEHICLE UNDER ILLINOIS DUI LAW?
To be convicted of DUI, the state must prove beyond a reasonable doubt that you were operating a motor vehicle while under the influence of drugs or alcohol. But what exactly is a motor vehicle? Naturally, a car, a truck or a motorcycle springs to mind. But what about a moped or or an electric bicycle? Under Illinois law, a motor vehicle includes: “Every vehicle which is self-propelled …except for vehicles moved solely by human power, motorized wheelchairs, low-speed electric bicycles, and low-speed gas bicycles.” (625 ILCS 5/1-146). A recent Illinois case reversed a DUI conviction where a defendant’s gas-powered bike did not meet that definition. See People v Grandadam. Illinois law defines a low-speed gas vehicle as “a 2 or 3-wheeled device with fully operable pedals and a gasoline motor of less than one horsepower, whose maximum speed on a paved level surface, when powered solely by such a motor while ridden by an operator who weighs…
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What to Expect During the Car Accident Claim Process
After a car accident, one of the first things you should do (after making sure everyone is safe and calling the police) is call your insurance company and let it know that you will be filing a claim. While your insurance company will attempt to make the car accident claim process simple, that does not mean it always is. Below we detail the accident claim process for accidents in which you are at fault as well as accidents where the other driver is at fault.Filing a Claim with Medical Benefits If no other party was involved (e.g., you hit a pole) or if you were at fault for the accident, you may file a claim under your own insurance company. Once you file a claim, your personal injury protection (PIP) policy will cover or minimize your out-of-pocket costs during treatment.The process for filing a PIP claim is fairly simple: you call your insurer, request the necessary claim forms, fill them out, and send them back. If you reach the limit of your PIP policy and have medical…
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Chacon on Human Trafficking, Immigration Regulation and Sub-Federal Criminalization
Jennifer M. Chacón (University of California, Irvine School of Law) has posted Human Trafficking, Immigration Regulation and Sub-Federal Criminalization (New Criminal Law Review, 2016, Forthcoming) on SSRN. Here is the abstract: In less than two decades, the issue of human...
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Renan on The Fourth Amendment as Administrative Governance
Daphna Renan (Harvard Law School) has posted The Fourth Amendment as Administrative Governance (Stanford Law Review, Vol. 68, No. 5, 2016) on SSRN. Here is the abstract: Fourth Amendment law is transactional: it focuses on the one-off interaction typified by...
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Steel on Distracted Driving
Alex Steel (University of New South Wales (UNSW) - Faculty of Law) has posted Criminalisation and Technology: What's the Harm of Using Mobile Phones While Driving (Thomas Crofts, Arlie Loughnan (ed), Criminalisation and Criminal Responsibility in Australia, Oxford, 2015) on...
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