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ME: Great detail supported the CI’s statement; inclusion of CI’s criminal history didn’t undermine PC

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The great detail about the CI with its corroboration was probable cause. The inclusion of the CI’s criminal history doesn’t ipso facto undermine the probable cause, and the reviewing court is obliged to give deference to the issuing court’s probable … Continue reading →

Domestic Discord, Violence Was Cause of Fatal Shooting in South Florida, Police Say

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A 20-year-old woman reportedly engaged to a 62-year-old man was shot dead, as was a 50-year-old male friend, allegedly by her fiance who police say was jealous.  Authorities told the Sun Sentinel that George McCray, who has a long list of prior felony convictions, shot the pair after discovering the two talking outside victim Sania Copeland’s apartment. This was around 8 a.m. McCray allegedly returned five hours later to carry out the shooting. According to family members, McCray had told Copeland that if he couldn’t have her, no one could. McCray is now charged with two counts of murder and being a felon in possession of a firearm.  Domestic violence is not a problem limited to South Florida, but it is an ongoing issue and our Fort Lauderdale domestic violence defense lawyers know that detectives are increasingly being expected to do more with less. A recent report by The Miami Herald indicated there were approximately 25,000 new domestic violence cases…

Noting that marijuana users are starting to look more like tobacco users than alcohol users

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In a lot of my teaching about marijuana reform and policy advocacy, I try to get my students (and others) to explore and better understand why advocates for marijuana reform often want to talk so much about similarities between alcohol and marijuana, whereas advocates against marijuana reform often want to...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/ySgIOvekMPA" height="1" width="1" alt=""/>

Highlighting myriad challenges for doctors in a world of widespread state medical marijuana reforms

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This recent USA Today piece, headlined "As states OK medical marijuana laws, doctors struggle with knowledge gap," puts a needed spotlight on what I think may be the most under-examined aspect of modern state medical marijuana reforms. Here are excerpts: Medical marijuana has been legal in Maine for almost 20...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/XE6x9jWxoiU" height="1" width="1" alt=""/>

Top-Ten Recent SSRN Downloads in Criminal Law eJournal

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are here. The usual disclaimers apply. Rank Downloads Paper Title 1 219 Sexual Advance Directives Alexander A. Boni-Saenz Chicago-Kent College of Law Date posted to database: 25 Jul 2016 2 147 Public Attitudes toward Data Fraud and Selective Reporting in...

Weekend

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CASESMorris v. Brandenburg, 2015-NMCA-015State v. King, 2015-NMSC-030State v. Fernandez, 2015-NMSC-091ACTIVITIESWashed CarReadMixtapesExercisedListenedOrganizedWATCHEDPinon Nut HarvestingBeth HoeckelTrial Strategies (The Stein Lectures) (Voir Dire, Evidence, Cross-Examination)Cowboys v. Rams (Replay)Mets v. Padres (Sunday)Bowie/Schnabel on Charlie RoseUnited States Supreme Court Advocacy/ArgumentsQ/A on C-SpanLISTENEDHenry Gross, Plug Me Into Something, (Vinyl) (1975)Hank Thompson, Back In The Swing of Things, (1976)Merle Haggard, The Roots Of My Raising, (Vinyl) (1975)Marcus Miller, S/T, (Vinyl) (1984)Joan Armatrading, Track Record, (Vinyl) (1983)America,, Hat Trick, (Vinyl) (1973)Gary Burton/Keith Jarrett, S/T, (Vinyl) (1971)Sergio Mendes, The Swinger From Rio, (Vinyl) (1965)Anita Baker, Rapture, (Vinyl) (1987)Merle Haggard, Keep Moving On, (Vinyl) (1975)Connie Smith, Ain't We Havin' Us A Good Time, (Vinyl) (1972)Glenn Gould, In E Major, (Vinyl)…

1,715 Subscribers

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Took twelve days off and the subscription list grew.Thank you Optima.  Thank you Relevant.  Thank you Newsfeed.  Thank you Optic. Thank you Facebook.  Thank you Link2Think.  Thank you Artspace.  Thank you Artforum.  Thank you Wire Magazine.  Thank you Hedgehog Review.  Thank you Lapham's. Thank you Adbusters. But, most of all, thank you to Wikileaks.  My only subscription that matters.The Nobel Peace Prize is coming, Julian.  It is coming. Nominations aside, it is coming.Transparency and openness is the only true path from this point forward.Thank you friends.I hear you.Yes J.A. you were the 1,701st."First they came for Assange.  And then they came..."

Woman Convicted of Second-Degree Murder for Death of Her Daughter after DUI Accident

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Earlier this month, a Michigan appellate court issued an opinion upholding a woman’s 25-year sentence of incarceration for a second-degree murder conviction based on the death of her daughter in a DUI accident. According to one news source reporting on the court’s opinion, the appellate panel consisted of three judges, two of whom voted to affirm the sentence, while the third felt that a lesser sentence would be warranted. The single dissenting judge asked a higher court to take the case and help clarify under which circumstances a defendant can be convicted and sentenced on a second-degree murder charge for a DUI-related death. The Facts of the Case Back in September 2013, the defendant’s four-year-old daughter died after her mother was involved in an accident. Evidently, the accident occurred when the 27-year-old mother collided with another vehicle when attempting to enter a highway from a highway off-ramp. After the collision,…

What’s the Difference Between Assault and Aggravated Assault?

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Arizona differentiates between misdemeanor assaults and aggravated assaults—the latter are, of course, more serious. If you have been arrested for assault or aggravated assault, you need to contact an experienced Tempe Aggravated Assault Attorney right away.   What is Assault?   The crime of assault is committed when a person intentionally or knowingly causes physical injury to another person. Intentionally causing injury is when the defendant intends for his act to physically harm the victim while knowingly causing an injury is a bit different in that the defendant might not have known they would cause the victim physical injury. It wasn’t necessarily deliberate.   Penalties for misdemeanor assault can include up to six months of jail time, fines, probation, and community service.   What is Aggravated Assault?   The crime of assault can be elevated to aggravated assault when a person commits the crime of assault plus one of the following:…

Fake Law Firm Modification Scheme Nets Guilty Plea

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Bryan D’Antonio, 50, Brea, California, pled guilty one count of conspiracy to commit mail and wire fraud related to his role as the owner and operator of a multi-million dollar fraudulent mortgage modification scheme that posed as a successful law firm to defraud struggling homeowners.  D’Antonio was the owner and operator of Rodis Law Group (RLG) and America’s […]

Indictment for Fake Mortgage Release

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David Tyrone Johnson, 48, Washington, D.C. was indicted on charges that he conspired to commit bank fraud and other crimes arising from a real estate scheme involving a forged mortgage satisfaction document. Johnson was named in a six-count indictment that was returned on August 9, 2016. He is charged with federal violations of conspiracy, bank fraud, wire […]

Inaccurate Field Tests by Police Might Not Be Admissible in Court, But They Can Still Get You Convicted and Lead to Jail Time

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If you’ve ever been pulled over in Texas on suspicion of driving while intoxicated (DWI), you probably know that the officer may request to search your vehicle. What you may not know is that any field tests an officer uses to establish probable cause for an arrest could land you in jail on much more serious charges. Additionally, in many cases, field tests have proven largely unreliable. When it comes to those used for roadside drug testing, the tests–which cost in the neighborhood of $2 each–are often so inaccurate that they aren’t allowed to see the inside of a Texas courtroom. 131 Texas Convictions Dating to 2004 Have Been Overturned Inaccurate roadside drug testing can be used for leverage to coerce an admission of guilt or a confession during a plea deal, often resulting in the wrongful DWI conviction of an innocent person. In 2014, the Harris County District Attorney began an audit of 456 Texas drug possession convictions and related test…

Why We Cannot Afford Not To Have Trials

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Scott writes, in “The Stop That Got Away,” about a story that had caught my attention on Facebook the other day. It almost stirred me to write. Had I done so then, it would have looked different from this post. It would have been more in the vein of …it can happen to anybody…cops, at least some, are crazy…BLM is real because it could even happen to a white guy…we only hear about the stories of bad dudes who are arrested and never the innocent, mistaken guys who escaped with their lives, their daughter’s life, by the mere good fortune of not being a minority…So many possibilities. Well, I might not have had the part in there about “BLM is real because….” After all, BLM is real. BLM exists. The question there is whether what BLM proponents say is veridical. I’m not exactly sure where Scott was going with that part, because I know that he knows that racism is built into the system. I can only guess that…

Epidural for Back Pain After a Car Accident: Benefits, Risks & Costs

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If you are suffering from debilitating back pain after a car accident, your doctor may have suggested you get an epidural for the pain. As with any medical procedure, an epidural for back pain has benefits, risks, and costs you should know about.                                                 What is an epidural?An epidural is an injection of anti-inflammatory medicine into the epidural space (i.e., the space between the spinal cord and dura mater) used to numb any pain and reduce nerve pressure you may be experiencing in that area.Please note that an epidural steroid injection (ESI) is different than epidural anesthesia administered before childbirth or surgery.What is the procedure?The procedure, which occurs at a hospital or clinic,…

//blawgsearch75.rssing.com/chan-6519914/article19435-live.html

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1. Washington v. Ryan, No. 05-99009 (8-15-16)(en banc by Christen; dissents by Bybee and Watford)(Note: Az FPD involved). The 9th reversed the court's denial of a Rule 60(b) motion and remanded to allow the petitioner to file an appeal.  This is a convoluted case, with a day late miscalendared  appeal, a mistake by the court clerk, and equitable considerations.  The dissenters (Bybee and others) argue that missed deadline is jurisdictional, and the majority's attempt to find an equitable remedy is claim processing.  Watford's dissent asks the Supremes to reconsider whether a filing of a notice is jurisdictional.We hope this decision sticks.  The rules have changed, and it is really one of a kind.The decision is here:https://cdn.ca9.uscourts.gov/datastore/opinions/2016/08/15/05-99009.pdf2. US v. Romero, No. 15-30023 (8-15-16)(Berzon w/Graber and Murguia).  Under 18 U.S.C.  § 3161(h)(4), the Speedy Trial Act unambiguously…

Man Charged With DUI Manslaughter in Fatal Pinellas Park Crash

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Charges against a 31-year-old St. Petersburg man accused in a fatal DUI crash have been upgraded now to DUI manslaughter. The man faces these charges after the death of a woman who passed away late Monday at Bayfront Health St. Petersburg as a result of her injuries suffered in a traffic crash last weekend. According to Pinellas Park police, the 34-year-old St. Petersburg woman and her boyfriend were driving just before 1 a.m. Sunday in the 4000 block of Park Boulevard in Pinellas Park when they were struck by a 2016 Toyota Corolla. Deputies say the 31-year-old man  was drunk when he drove through a red light and struck the woman’s 2003 Toyota Camry. The woman her boyfriend were rushed to the hospital, where the woman later died. The man remains in critical condition. In addition to DUI manslaughter, the man is also facing two charges of DUI causing serious bodily injury. Pinellas Park police said surveillance video from a nearby restaurant captured the crash. The…

Phillips on Black Girls and Commercial Sexual Exploitation

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Jasmine Phillips has posted Black Girls and the (Im)Possibilities of a Victim Trope: The Intersectional Failures of Legal and Advocacy Interventions in the Commercial Sexual Exploitation of Minors in the United States (UCLA LAW REVIEW 62 UCLA L. Rev. 1642...

Hire an Experienced Probation Violation Attorney in Monmouth County.

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If you violate the terms of your probation in any way, such as failing to meet with your probation officer on time or leaving the state, you can be charged with another crime.Do not let an alleged probation violation lead to additional fines and a potential jail sentences; work with an experienced probation violation attorney to avoid imprisonment and other serious consequences, your best course of action is to hire an experienced Monmouth and Ocean County probation violation defense attorney who is intimately familiar with criminal defense law and probation statutes in New Jersey.Ian Goldman of IMG Legal Group in Red Bank and Jackson, NJ has first hand experience with local probation officers, courts, and prosecutors to help you with your violation.Contact Jackson & Red Bank, NJ Criminal Defense Attorney today.Visit us on line at http://www.ImgLegalGroup.com for a FREE CONSULTATION.Monmouth County Law Office125 Half Mile Rd, Suite 103 Red Bank New Jersey 07701Ocean County…

"'It’s victimization': push grows to charge onlookers who tape sexual assaults"

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NACDL links to this piece from The Guardian: Their inquiries speak to a new trend noticed by law enforcement officials and victims advocates alike. These days, it is staggeringly routine for a rape, especially if it occurs in a social...

New Jersey Appellate Court Considers DWI Defendant’s “Confusion” Defense

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New Jersey’s implied consent law states that a person who operates a motor vehicle on the public streets and highways of this state is deemed to have consented to providing breath samples during investigations of suspected driving while intoxicated (DWI). Prior to collecting a breath sample in this situation, a police officer must read a “Standard Statement” explaining the law and the consequences of refusing to submit a sample. Penalties for refusal can include license suspension, monetary fines, and the use of an ignition interlock device. A defendant appealed his refusal conviction under the “confusion doctrine,” which the New Jersey Supreme Court described in a 1987 decision, State v. Leavitt. The Appellate Division rejected this argument in June 2016 in State v. Byrne, holding that the “confusion doctrine” only applies to refusal cases in very limited circumstances. Law enforcement officers throughout the country are required…
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