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Fatal Crash Near Glenns Ferry

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 08/06/16 5:20 A.M Please direct questions to the District Office On August 6, 2016, at approximately 1:50 A.M., Idaho State Police investigated a vehicle versus pedestrian fatality crash on I84, near milepost 119, just west of Glenns Ferry. Hunter Lehman, 23, of Glenns Ferry, was walking eastbound on I84 in the median. Lehman stepped into the left lane of travel to attempt to flag down assistance. Matthew Garcia-Newman, 21, of Boise, was driving eastbound in a 2009 Toyota Corolla. Garcia-Newman was not able to avoid Lehman and struck him with the vehicle. Lehman succumbed to his injuries at the scene. The left lane of travel was blocked for approximately three and a half…

Hooray Female Olympians (and Title IX)

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This year’s Olympics will bring an important change for American athletes. American women were not exactly a powerhouse at the 1972 Summer Olympics: They won just 23 medals, compared with 71 for the U.S. men. The women were absent from the medal podium in gymnastics. They didn’t win a single gold in track and field, managing just one silver and two bronze. But something else happened that year. The U.S. Congress passed Title IX, which bars sex discrimination in education programs receiving federal money. Sports wasn’t the focus of Title IX. In fact, quite the opposite. Well, not exactly true, but since few remember (or care to remember) that Title IX was sold to the public as a means of offering women parity in athletics, there’s no reason not to completely revise history to conform to whatever current trends demand. At the 2012 Olympics in London, U.S. women won more medals than American men — 58 to 45 — for the first time. London also…

NeverJohnson

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Some libertarian-leaning and independent voters have been taking a look at Gary Johnson, the Libertarian Party candidate, as an alternative to the vulgar, reckless Trump and the mendacious, hard-Left Clinton.  I understand their angst, but Johnson disqualified himself in my view by recently embracing Black Lives Matter.The conservative journal RedState understands what's wrong with BLM, but, oddly, says it's "not worried" about Johnson's warmth toward it.  The magazine correctly describes BLM thusly:Black Lives Matter is more concerned with retaliation for any wrongdoing, than it is solving the problem. It continuously uses intimidation, lawlessness, violence, and story fabrication to push its brand of racism as the result of being a victim. Like any other social justice group, the solution to the problem isn't as important as maintaining that victimhood. Any elements that are seeking peaceful solutions, or even achieve them, are…

Austin PD data SNAFU, shuttered DNA lab signal management failures

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Austin cops, like the guy recently caught on video who hurled a local schoolteacher to the ground, are the highest paid in the state. Every budget cycle, including this one, APD shows up to ask the city council for more money for additional patrol slots. But more than additional patrol officers, APD needs to address glaring shortcomings in its ability to analyze evidence, solve cases, and track data about crime. For example, the Statesman reported (Aug. 5) on why the city's count of DWI statistics keeps changing. The short answer is that none of their data people are trained statisticians but just folks who answered "yes" when asked if they knew Excel and Filemaker Pro. Even so, counting the raw numbers isn't exactly graduate-school statistics. The correct tally of how many DWI arrests APD made in a given period is basic information they're supposed to report upstream to other institutional actors. There's no reason at all to think such mistakes…

Pacho y Cirilo: Taste in Music Not a Legitimate Federal Sentencing Factor

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In March of 2015, Neftali Avarez-Nunez (“Nunez”) was arrested in Catano, Puerto Rico. The arrest came after the police observed Nunez discarding a weapon outside a bar. The police retrieved and examined the handgun. It was loaded, fitted with an extended magazine, and had been modified to fire as an automatic weapon.   In a July 8, 2016 decision, the First Circuit Court of Appeals stated that a “subsequent search revealed two other items of interest: the defendant was in possession of a large quantity of ammunition and a half-dozen Percocet tablets, for which he lacked a prescription. The defendant later told investigators that, in addition to being a regular marijuana user, he had been addicted to Percocet, a controlled substance, for roughly two years.”   Possession of Firearm and Machine Gun   Nunez was indicted in federal district court on two counts: first, possession of a firearm and ammunition by an unlawful user of a controlled…

CA10: NCMEC is govt agent not a subject to private search doctrine; email a “paper” or “effect” for 4A

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NCMEC is a government actor because of how the government treats and funds it, and the private search doctrine does not apply to it. AOL here captured emails with child pornography and forwarded them to NCMEC which further searched them, … Continue reading →

IN: CSLI is intrusive and protected by 4A; not a mere third party record

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CSLI is not just ordinary third party records, and they have Fourth Amendment protection without a warrant. CSLI is collected surreptitiously while bank (Miller) and telephone tolls calls (Smith) are provided willingly and knowingly. Moreover, CSLI is far more intrusive … Continue reading →

Johnson’s holding that ACCA’s residual clause is void for vagueness applies to the residual clause of the career offender guideline, U.S.S.G. § 4B1.2

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In United States v. Calabretta,14-3969, http://www2.ca3.uscourts.gov/opinarch/143969p1.pdf, 2016 WL 3997215 (3d Cir. July 26, 2016), the Third Circuit held that the residual clause of the career offender guideline, U.S.S.G. § 4B1.2, was unconstitutionally vague. The Court looked to prior case law that interpreted the crime of violence definition in the Guidelines identically to the violent felony definition in ACCA and applied the Supreme Court’s reasoning in Johnson v. United States (2015) which had invalidated the residual clause of ACCA as unconstitutionally vague.(The predicate crime of violence here was second-degree eluding contrary to N.J.S.A. 2C:29-2(b), which the parties agreed was only a crime of violence under the residual clause). The Court applied the vagueness doctrine to the guidelines relying on caselaw that the guidelines are sufficiently law-like to be subject to constitutional limitations. The Court noted that the guidelines are the beginning…

Bribery case against Senator Menendez can proceed: advocacy for physician friend is not protected under the Speech and Debate clause of the U.S. Constitution

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In United States v. Menendez, 15-3459, http://www2.ca3.uscourts.gov/opinarch/153459p.pdf, 2016 WL 4056037 (3d Cir. July 29, 2016), the Third Circuit rejected Senator Menendez’s appeal that his indictment should be dismissed. The issue was whether advocacy on behalf of two concerns of Menendez’s physician friend, Dr. Melgen, was protected under the Speech and Debate Clause, U.S. Const. Art. 1, §6, cl. 1. The two issues were (1) allegations that Dr. Melgen overbilled the Center for Medicaid and Medicare Services (CMS) $ 8.9 million from 2007 to 2008 and (2) a contract (x-ray technology) dispute between Dr. Melgen and a company in the Dominican Republic. Menendez narrowed the issue to 5 allegedly legislative acts: meetings, calls, and staff communications with high-ranking Executive officials in the Department of Health and Human Services. The Court explained that the Speech and Debate clause, which states that "members of Congress shall not be questioned in…

Murder Sentence of Florida Man Convicted as Teen Reviewed

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Earlier this year, the U.S. Supreme Court ruled that people sentenced to life in prison as minors deserve to have their cases reviewed to determine whether there is any chance they may in fact be eligible for parole.  Now, the effect of that retroactive split 6-3 decision is that courts are beginning to take on these sentencing reviews of decades-old cases. Our Fort Lauderdale defense attorneys know this type of situation requires a legal team with extensive experience. Even though the entire case isn’t being retried, many of the considerations that will need to be weighed will involve delving into decades-old circumstances. We would look to see how we might counter any aggravating factors raised by the prosecution and how to effectively present any mitigating circumstances that may serve to lower the final sentencing.  One such case out of Fort Lauderdale was recently weighed, according to The Sun Sentinel. The case was the robbery/ murder of a convenience…

Why It’s So (Unfairly) Easy to Get Arrested for Disorderly Conduct in Connecticut

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It’s one of the easiest arrests for Greenwich, Stamford, Darien and Connecticut police to make. It’s Disorderly Conduct under CGS 53a-182, one of the lowest level misdemeanors and perhaps the most frequently charged crimes in Connecticut. But no matter how minor the incident may be, the crime is still a misdemeanor and will still tarnish your record, causing havoc to your online reputation, and employment background checks. So why are the top criminal lawyers in Greenwich, Darien and Stamford Connecticut seeing so many Disorderly Conduct arrests in the domestic violence courts? It’s a combination of the unfair overbreadth of the Connecticut Disorderly Conduct statute, coupled with law enforcement’s tendency to be overly cautious in making arrests to essentially kick the can to the courthouse to fix a tense domestic situation. Continue reading

Rollover crash near Pocatello

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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: 8/6/2016 - 1:00 p.m. Please direct questions to the District Office On Saturday, August 6th, 2016 at approximately 10:16 a.m., Idaho State Police investigated a one-vehicle, rollover crash on Interstate 15 near Pocatello. Danielle Corbin, 29, of Pocatello, was driving a 2004 Chevrolet Classic sedan south on Interstate 15 near milepost 65. Her vehicle left the road into the median, rolled and came to rest on its wheels. Corbin was wearing a seatbelt and was transported by ground ambulance to Portneuf Medical Center in Pocatello. SC/SA -------------

Harris County DA Engages in Sex Assault Victim Shaming

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In 2012, a judge in Sacramento placed a 17-year-old rape victim in juvenile detention because she failed to appear in court on two occasions to testify against the suspected 37-year-old serial rapist who abducted and raped her.   Incarcerating Victims Will Not Encourage Reporting Sex Assault   Writing in an April 2012 edition of Ms.blog, Angi Becker Stevens made these observations about the judge’s decision to jail the victim:   “It is reasonable for judges and prosecutors to be concerned about women refusing to testify against rapists; such testimony is obviously vital in bringing perpetrators of sexual violence to justice. But if we wish to give more victims the courage to come forward, the solution is certainly not to threaten them with incarceration. The only way survivors of sexual violence will be empowered to seek justice is if we create a culture and a legal system that does not engage in victim shaming. Women need to be able to speak out…

Another Crazy American Judge Story

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There will always be debates about what it is like to be a judge. Some say it’s a highly stressful position, while others argue it is a “cushy” power job, with no one looking over your shoulder as you command your courtroom. When a judge directs a lawyer or a litigant to “jump”, they jump, no ifs, ands or buts! I lean towards the view that a judge’s job is very stressful. They deal with the most important issues in society: where should a child live? how much jail time should a convicted offender receive? and, how much money do innocent victims  of a car accident need to reclaim their lives? Of course, there is much anecdotal evidence about the stressful nature of the judicial role, often used as a reason to excuse bad behaviour. Or does unprofessional conduct  abound because  some judges begin to believe they are untouchable, simply because they are judges?  A recent case of a “runaway” judge tends to support…

Former Ingham County Prosecutor Pleads Guilty to Single Felony & Misdemeanor Charges After Paying for Sex

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Stuart Dunnings III, the former prosecutor for Ingham County who served for nearly 20 years and began his career as prosecutor in 1997, has pleaded guilty to two charges after 13 of the charges involving patronage of prostitutes over a five year period were dropped in a plea deal. Initially, Dunnings faced 10 counts of engaging in prostitution, four counts of willful neglect of duty, and a single count of pandering prostitution.  According to witness statements, Dunnings paid for YMCA memberships, rent, methadone treatments, and other things in exchange for sex. While he was Ingham County prosecutor, Dunnings was allegedly soliciting sex with prostitutes while at the same time publicly attacking human trafficking.  Now, according to Michigan AG Bill Schuette, Dunnings has pleaded guilty to a single felony misconduct in office charge, and one misdemeanor count of soliciting a prostitute. Why were all but two charges dismissed in the plea agreement?  According to…

The atomic bombing of Hiroshima- 71 years later

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First, the United States government threw west coast Japanese-Americans into barren concentration camps starting in 1942, urinating on their dignity and robbing them of their freedom, property, and careers. The United States Supreme Court shamefully approved it. Then, years later, the United States not only atom-bombed Hiroshima, but then Nagasaki three days later. In August 1999 I visited the Hiroshima Peace Park, during my vacation, en route from Kyoto to Himeji Castle, thanks to the ease of the shinkansen/bullet trains. I folded some origami peace cranes in advance for this and other spots at the park. In the above photo — feeling discomfort to the pit of my stomach over being at the bombing site — I am leaving a peace crane either at the mound of ashes of 70,000 victims of the bombing or at the Sadako memorial. I know so many of the arguments for and against this bombing. The pro-arguments are diminished by the immediate atom-bombing of Nagasaki just three days…

Interesting results from survey of crime victims suggests they support "smart on crime" reforms

New research suggests nature videos can help reduce prison violence

Vehicle versus pedestrian crash in Twin Falls

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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: 8/6/2016 10:33 p.m. Please direct questions to the District Office The Idaho State Police are investigating a vehicle vs. pedestrian fatality crash at the intersection of Silver Creek Way and N College Road W in Twin Falls. Traffic is currently blocked in both directions on N College Road W from Silver Creek Way to Field Stream Way. More information will be released as it becomes available. KB / HG -------------

**UPDATE** Vehicle versus pedestrian crash in Twin Falls

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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: 8/7/2016 12:29 a.m. Please direct questions to the District Office *****BEGINNING OF UPDATE***** On Saturday, August 6, 2016 at approximately 8:14 p.m., the Idaho State Police investigated a vehicle versus pedestrian, fatality crash at the intersection of Silver Creek Way and N College Road W in Twin Falls. Patrick Arroyo, 21, of Buhl, was westbound on N College Road W in a 2010 Chevrolet Silverado. A juvenile child riding on a bicycle entered the roadway in front of the Silverado, and was struck. The juvenile was transported to St. Luke's Magic Valley Medical Center by ground ambulance, where he succumbed to his injuries. Next of kin has been notified. It is…
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