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Injury Crash near Redfish Lake

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 6 1540 Foote Dr. Idaho Falls, Idaho 83402-1828 (208) 525-7377 FAX: (208) 525-7294 For Immediate Release: Sunday- August 7, 2016 1:00 a.m. Please direct questions to the District Office On Saturday, August 6, 2016, at 8:15 p.m., Idaho State Police investigated a crash on SH-75 at milepost 185, near Redfish Lake. James Mosley, 52, of Boise, was driving northbound on SH-75 in a 2002 Hyundai Accord. Mosley drove off the right shoulder, where he overcorrected. The Honda then crossed both lanes and went off the left shoulder, where it rolled. Mosley was transported via ground ambulance to St. Luke's Wood River Medical Center in Ketchum. The crash is under investigation by the Idaho State Police. HG/KB -------------

**UPDATE** Fatality crash on Forest Service Road in Camas County

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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 3:08 a.m. Please direct questions to the District Office *****BEGINNING OF UPDATE***** On Saturday, August 6, 2016 at approximately 6:28 p.m., the Idaho State Police investigated a single-vehicle, fatality crash on Forest Service road 010, 7.6 miles from the intersection with Forest Service road 094 in Camas County. Martin Quispe, 75, of Bellevue, was driving on Forest Service road 010 in a 1994 Ford F-150. Quispe failed to negotiate a curve in the road, and the Ford went off the road and rolled down an embankment. The Ford came to rest upright approximately 125 feet from the roadway. Neither Quispe nor his passenger, Ayde Quispe, 53, of Bellevue, were…

Don’t Tread On The Color Purple

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Among the aspects of life of the poor, underprivileged students at Yale that made them unable to eat or sleep was that the people in charge of their residential colleges held the title “master.” Though the word “master” had nothing to do with slaveowners, it was sufficiently reminiscent to compel its elimination. The argument, at the time, was that the elimination of the word made students feel better and did no harm (aside from the undermining tradition, which is way overrated), so what was the big deal? Why not make a fairly easy change that would assuage the feelings of students, regardless of the lack of any substantive connection between the word “master” and their feelings about the word? The Equal Employment Opportunity Commission has now been asked to hold that the wearing of a hat bearing a likeness to the Gadsden flag, the snake with the words, “Don’t tread on me,” can create a hostile work environment in a federal…

Honeypie, You Are Driving Me Crazy

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What sort of male lawyer would call a female lawyer “honey” in court? A jerk? Sure, but lawyers sometimes behave like jerks for a reason. To demean a female lawyer, push her buttons?  Most female lawyers will rip your head off if you try to play that game. There is no tactical advantage to be gained by doing so. Instead, you’re far more likely to give your adversary a reason to go to extreme lengths to destroy you and make your client’s life as miserable as humanly possible. What sort of male lawyer could call a female lawyer “honey” in court? An incompetent loser. Of course, there are also male lawyers who are just old school sexist, who use such demeaning language without any tactical purpose. It’s just the stupid crap that comes out of their mouths. It shouldn’t, and they should gain a sufficient level of awareness so that they stop saying stupid crap. If they’re too old, or too unaware, to grasp that such stupid…

MN: Exclusionary rule doesn’t apply to state tax proceedings

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In this state tax case, the taxpayer claimed revenuers came to his liquor store and searched and seized by downloading his Quickbooks file to a flash drive. The state tax court holds that, even if the search was unreasonable, the … Continue reading →

ACLU Obtains Docments on Targeted Killings

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Through one of its FOIA lawsuits, the ACLU has obtained new documents concerning the Obama Administration's guidelines for targeted killings of suspected terrorists. The primary document is the May, 2013 Presidential Policy Guidance,... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

ID: Accident investigation alone not exigency for warrantless blood draw

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The fact of a motor vehicle accident investigation is alone not exigency for dispensing with a warrant for a blood draw. Instead, other officers could have been called in to help with the investigation or get the blood warrant. State … Continue reading →

Survey: What do crime victims want?

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A new survey of crime victims published by the Alliance for Safety and Justice included findings that run counter to purported victims-rights positions of the past (which in turn, one realizes in retrospect, have been more frequently articulated by cops and prosecutors than actual victims themselves). For example, reported the Washington Post:In the survey, 52 percent of victims said that prison makes people more likely to commit crimes again. Only 19 percent said that prison helps rehabilitate people into better citizens. This skepticism of prisons is in line with most social science research, which has generally shown that mass incarceration causes more crime than it prevents, that institutionalizing young offenders makes them more likely to commit crime as adults, and that spending time in prison teaches people how to be better criminals.According to the survey, one in four people have been victims of crime in the last ten years, with half of those…

Case o' The Week: Ninth cuts him free (on 924(c)) -- Benally and Mens Rea for "Crimes of Violence"

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Hon. Judge NoonanThe Ninth's not buffaloed, Springfield. United States v. Benally, 2016 WL 4073316 (9thCir. Aug. 1, 2016), decision available here.Players: Decision by Judge Noonan, joined by Judges D.W. Nelson and O’Scannlain. Big win by D. Arizona AFPD Dan Kaplan.Facts: Benally was convicted of a § 924(c) charge, with a federal involuntary manslaughter (18 USC § 1112) as the underlying “crime of violence.” Id. at *1. Issue(s): “Joe Arviso Benally appeals a jury conviction for involuntary manslaughter under 18 U.S.C. §§ 1112 and 1153 and for using a firearm in connection with a “crime of violence” under 18 U.S.C. § 924(c).” Id. at *1.Held: “We hold that involuntary manslaughter is not a ‘crime of violence’ and reverse the § 924(c) count of conviction.” Id. at *1. “After Leocal and Fernandez–Ruiz, a ‘crime of violence’ requires a mental state higher than…

New Wapo-ABC Poll Expands Hillary's Lead Over Trump

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Hillary is increasing her lead over Donald Trump, according to a new poll. Hillary Clinton has emerged from the two major party conventions and their aftermath with an eight-point lead over Donald Trump, aided by a consolidation of support among... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Following all the new private monies and mojo in the marijuana marketplace

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One reason I have started to consider repeal of blanket marijuana prohibition inevitable is because there are now ever so many monied interests and individuals eager to profit from repeal and now ever fewer such interests and individuals who profit from prohibition. And in a capitalist-driven economy and society, this...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/SB1y0lt4CYE" height="1" width="1" alt=""/>

Two midsummer New York Times editorials lamenting federal sentencing nightmares

Should This Be Stopped? Foreign Mothers Give Birth to Children in Canada to Secure Citizenship

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Canada, the true north strong and free, is the envy of the world and one of its most valuable assets is its citizenship. Before the Harper government left office they made sweeping changes to Canada’s Immigration Act, making it more difficult to qualify for citizenship. Meeting great opposition however, the Conservative government did not tackle  the phenomenon of “birth tourism”, a subject that remains  highly controversial, particularly in Vancouver. Those who favour birth tourism argue that innocent children, born in Canada to a foreign mother, should not be deprived of the benefits and advantages of  birth citizenship, saying that to ban birth citizenship is a racist response to what is a miniscule practice in Canada. Kerry Starchuk of Richmond BC, a suburb of Vancouver, is an advocate for a ban on birth tourism. She has organized a petition to raise the issue in the House of Commons this fall. Backed by Conservative Member of Parliament…

New law review article: The Original Fourth Amendment by Laura Donohue

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New law review article: The Original Fourth Amendment by Laura Donohue, University of Chicago Law Review, Forthcoming. Abstract: The meaning of the rights enshrined in the Constitution provide a critical baseline for understanding the limits of government action — perhaps … Continue reading →

SF Chronicle: Op-ed: First they take your stuff, then you get to ask for it back

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SF Chronicle: Op-ed: First they take your stuff, then you get to ask for it back by Debra J. Saunders: Republican political consultant Mike Madrid isn’t used to getting calls from the ACLU, and yet he has found himself working … Continue reading →

Chin & Dallen on Scientific Evidence

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Jason Michael Chin and Scott Dallen (University of Toronto - Faculty of Law and University of Toronto - Faculty of Law) have posted R v Awer and the Dangers of Science in Sheep's Clothing (Criminal Law Quarterly, Forthcoming) on SSRN....

JULIE KAY HAS DIED .....

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THE CAPTAIN REPORTS:IT'S A SAD, SAD DAY AT THE DAILY BUSINESS REVIEW AS LONG TIME INTREPID REPORTER FOR THE COURTS, JULIE KAY, HAS DIED .....Julie was the best.  And she loved what she did for a living.  Daily Business Review writer Monika Gonzalez Mesa wrote a fantastic obit that was placed online tonight on the Miami Herald web page and can be read here.I have written a total of 152 Posts in the past ten and one half years and I always turned to Julie first.  We emailed each other many, many times over these past ten years.  Most of the time, it was Julie with the scoop.  Every once in a while I was able to get the story first and I always shared it with her before I posted it here.  We frequently shared and traded information on upcoming stories.  She was always a pleasure to deal with and she was always a pure professional.And if you read the Herald article, you will learn that she has been battling ovarian cancer for more than a…

"Norway Proves That Treating Prison Inmates As Human Beings Actually Works"

Advice from a Los Angeles DUI Defense Lawyer

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Imagine traveling on Ventura Boulevard in Los Angeles, when you get stopped by a police officer. The officer suspects you may have had one too many and asks you to perform a field sobriety test and take a breathalyzer test. One wrong answer or one bad result and you could have your life turned upside down. If you refuse to take a breathalyzer test, you are exposing yourself to even more severe penalties, like a year-long suspension of your driver’s license. Say Hello to a Citation and Goodbye to Your License If you are charged with a DUI, you will be arrested and taken to the local police station for booking. For a misdemeanor DUI arrest, you will likely be released within a few hours and given a citation to appear in court and a pink temporary license. Your California driver’s license will likely be confiscated and mailed to the DMV (please note: if you are visiting California from out of state and are charged with a DUI, police cannot take your driver’s…

Possible Sovereign Citizen Elected to Australian Senate

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Just when you thought that this blog was now solely focused on the legal intricacies of Pokemon Go...Through my Google Alert for "sovereign citizen" I learned about an unusual story out of Australia. The Sydney Morning Herald reports:One of Australia's new senators, One Nation's Malcolm Roberts, sent a bizarre affidavit to then prime minister Julia Gillard in 2011 demanding to be exempt from the carbon tax and using language consistent with the "sovereign citizen" movement.. . .Anti-government, self-identified "sovereign citizens" claim to exist outside the country's legal and taxation systems and frequently believe the government uses grammar to enslave its citizens. NSW Police say such people "should be considered a potential terrorist threat". . . .In the document, Mr Roberts demanded to be exempted from the carbon tax and compensated to the tune of $280,000 if Ms Gillard did not provide "full and accurate…
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