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Thursday Night Open Thread
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Illinois "Pidgey's Law" an Overly Hasty, Muddled Attempt at Regulating Augmented Reality
Several news outlets have reports on this bill (AB 6601) recently introduced by Illinois State Representative Kelly Cassidy. Nicknamed "Pidgey's Law," the bill was introduced in response to reports that players of the augmented reality game, Pokémon Go, were trampling the habitats of endangered species in a federal park.From the Chicago Sun Times:Cassidy introduced “Pidgey’s Law” on Wednesday during a news conference at the Loyola Dunes Restoration Site. Named after one of the game’s bird Pokémon, the bill aims to crack down on location-based game developers to remove problematic gaming sites from their maps.. . . If passed, “Pidgey’s Law” would give game developers up to two days to remove a location-specific site from its game if that site’s property owner, manager or custodian requests its removal. After that, developers would be fined up to $100 each day until the stop is removed. The…
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Charged With Murder or a Serious Crime of Violence in New York?
If you have just been charged with murder or a serious violent crime in New York, chances are the last thing you are initially thinking about is how to win the case. Instead, you’ve been brought to jail, about to face a judge who may or may not grant you bail and you’re facing possibly the rest of your life in prison. Things are looking grim and hopeless; however, at this very early stage the case can often be won or lost, even if the trial is ultimately a year or further down the road. From a lawyer who has won many cases in which violent crimes have been charged, here’s a checklist of what you need to do if you are charged with murder or a serious violent crime and you want to win your case. First Step: Don’t Panic While everything seems to be crumbling around you, you need to hire a top criminal defense attorney right away. As discussed in an earlier blog post, if you don’t have a lawyer in place who you trust and have…
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New York Times magazine takes deep dive into "Where the Death Penalty Still Lives"
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CA2: NYC cab driver didn’t show standing to contest GPS tracking of a taxicab
“Appeal from a judgment of the United States District Court for the Southern District of New York (Forrest, J.), granting summary judgment to Defendants Appellees, the City of New York and various of its employees, on Plaintiff Appellant Hassan El … Continue reading →
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Attorney-Client Privilege May Block Subpoena to Client’s Accountant
Grand Jury Subpoena to Client's Accountant: Attorney-Client Privilege May Block Production In the Matter of GRAND JURY PROCEEDINGS Nos. 99-3131, 99-3317. A grand jury investigating alleged tax fraud by Dr. Basaam Osman subpoenaed numerous documents from two accounting firms hired by his attorneys. Dr. Osman sought to block production of the documents. He claimed that the accountants were agents of law firms representing him in the grand jury investigation and, thus, that the documents were subject to the attorney-client privilege. II. DISCUSSION There is no accountant-client privilege. See United States v. Arthur Young & Co., 465 U.S. 805, 817-19 (1984) . However, material transmitted to accountants may fall under the attorney-client privilege if the accountant is acting as an agent of an attorney for the purpose of assisting with the provision of legal advice. “[W]hat is vital to the privilege is that…
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Pei on Criminal Reconciliation in China
Wei Pei (Beihang University (BUAA)) has posted Harmony, Law and Criminal Reconciliation in China: A Historical Perspective (Erasmus Law Review, Vol. 9, No. 1, 2016) on SSRN. Here is the abstract: In 2012, China revised its Criminal Procedure Law (2012...
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Governor Scolds Police Chief Opposing Jailbreak Initiative
Not satisfied with the reduced consequences for thousands of criminals benefiting from his 2011 Realignment law and Proposition 47, Governor Brown is promoting and financing Proposition 57 which will appear on the state's November 8th ballot. The initiative, which is called "The Public Safety and Rehabilitation Act of 2015", will bestow parole eligibility to habitual felons, whose most recent conviction is for a crime defined as "non-violent" after the criminal serves the base term for the primary offense. In English, this means that a gang member with priors for rape and armed robbery, who is convicted of residential burglary, auto theft and possession of a firearm, will only serve the burglary sentence before he can be released on parole. Current law would consider the residential burglary a third strike and give this criminal 25-to-life, with extra time for the gun and the stolen car. In addition, if the criminal signs up for…
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Ignition Interlock: Contesting Your DMV Hearing
Now is the time to invest in ignition interlock devices. This year the NC house and senate both introduced legislation to require Interlock devices on vehicles for first offenders as long as the breath test was over .08. Neither of the bills passed but you can guarantee they will come around again. Current NC Law On Ignition Interlock Currently under NC Law interlock devices are required for one year for drivers that blow over .15 during a DWI arrest, or for driver’s under conditional license restoration following various suspensions. The good side of the device is that it gives a driver a chance at restoration and a means to get to work during a suspension. The bad side is the devices are unreliable and prone to malfunction. Mouth contaminants will cause the devices to register false positives for alcohol consumption. The providers are required to send notice of the failed tests…
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Bad Moves By DUI Drivers
Intoxicated drivers often make bad decisions that draw police officers’ attention and leave the drivers vulnerable to arrest on a charge of DUI in Los Angeles. But California drivers aren’t the only ones making mistakes, as these arrest stories from around the country clearly demonstrate. In Madison, Wisconsin, a 42-year-old woman decided that she was in the mood for a beer. Only problem was she opened the can while sitting in a car and right in front of the officer who had pulled her over on suspicion of DUI. When the woman refused to get out of the car and continued drinking, the officer had to call reinforcements to pry the unidentified driver out of her car. She faces charges of reckless driving and driving while intoxicated. In Connecticut, two people were driving their vehicles with flat tires and probably hoping that police didn’t notice. Police in South Windsor arrested 33-year-old Eric Schneider after they received reports that a vehicle in the area…
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Texas Mulls Raising Juvenile Criminal Age to 18
For almost 100 years, Texas has classified 17-year-olds who are charged with crimes as adults. That may be about to change as lawmakers consider redefining who is classified as an adult in the criminal justice system. The state’s politicians are now considering increasing the juvenile age to 18, reported CBS. That would mean those under 18 would not enter ... Read More The post Texas Mulls Raising Juvenile Criminal Age to 18 appeared first on .
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Normal People vs. DOJ Elites
The Washington Post carries a story today about black people wanting only to live in peace and safety huddling together in one room of a Baltimore church, at the very moment a group of We-Know-Better DOJ lawyers (presumably with Harvard and Stanford degrees in hand) were in the room across the hall undermining their hopes.The irony is more tragic than delicious, but plenty of both.The picture would be bleak enough if the citizens of Baltimore were able to decide for themselves what kind of policing suits their needs. It's that much worse when DOJ decides the question for them, never having to live with the bloody consequences once they drive their BMW's 35 miles back to Bethesda.I would give a good deal if black lives actually mattered to DOJ in any operational sense, but it's not going to happen. The on-the-ground reality black citizens are stuck living with is certain to take a back seat to the anti-police ethos now ruling the roost at the…
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ID: Interstate bus driver’s opening backpack was private search even though officer was watching
An interstate bus traveling from Portland OR to Salt Lake City stopped in Boise. The bus driver was moving luggage around to straighten it up for the boarding passengers, and he smelled marijuana coming from a backpack. He called the … Continue reading →
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Study Finds That Texas Has Some of the Strictest DWI Laws in the Country
DWI and DUI laws across the country can be fairly strict, and many people don’t realize that laws can vary in severity depending on the specific area that an offense occurs. According to a study that was recently conducted by WalletHub, Texas is actually the 10th strictest state in the country when it comes to the potential penalties faced by someone who is arrested and convicted of driving under the influence. This is why it is so important to fight DWI charges, particularly in Texas. An experienced DWI attorney can help ensure that an arrest doesn’t turn into a conviction. The WalletHub Study In order to gain as much relevant information as possible, WalletHub examined DUI and DWI laws across the country. The study focused on factors such as total fines, mandatory jail times, license suspensions, length of time a conviction stays on record, and mandatory treatment programs. The information gathered was used to ‘rank’ all 50 states, and includes the…
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No rampant crime wave resulted from massive decriminalization of Texas juvenile life
Grits focuses mostly on the adult justice system, which in Texas still has the largest prison population in the nation, so it's sometimes easy to lose hope. But with school restarting this week, it struck Grits that there's a resonant, unrung bell on juvenile justice which would go unnoticed if one doesn't step back to take a look at the big picture.In the past decade, Texas has undergone a massive decriminalization of juvenile life, reducing juvenile incarceration and an array of lesser penalties. But juvenile crime dropped the whole while. There was no resulting rampage of criminality sparking a backlash.When our pal Nate Blakeslee broke the story of sex scandals involving staff and youth at the old Texas Youth Commission back in 2007, the Texas Lege enacted a series of reforms to whittle away the size of the juvie population, which dropped like a stone from more than 4,000 when the scandal broke to just more than 1,000 now.Meanwhile, three years ago the…
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Fordham's Criminal Law Speaker Series 2016
The theme is "Constructing Truth: Criminal Law in Flux." The program is part of a seminar available to Fordham Law students to promote further exploration of topics beyond first year courses but others may attend by permission: contact person is...
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Marijuana Odor Probable Cause for Search Warrant in Arizona
The Arizona Supreme Court recently considered a case involving the question of whether or not the smell of marijuana was enough to establish probable cause to issue a search warrant. The Court needed to evaluate this issue in light of the Arizona Medical Marijuana Act (AMMA). The AZ Supreme Court ruled that Marijuana odor can establish probable cause, unless there are other facts that would cause a reasonable person to believe that the suspect’s activities were compliant under the AMMA. Continue reading
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Fatal crash in Jerome County
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: 08/26/16 07:12 p.m. Please direct questions to the District Office On Friday, August 26, 2016, at 2:40 p.m. the Idaho State Police investigated a one vehicle fatality crash, westbound on Interstate 84 at milepost 177, east of the Jerome exit. Cherrie Stockton, 53 of Murtaugh, was driving a 1999 Ford Expedition when the driver's side rear tire failed causing her to lose control of the vehicle. Stockton's passenger, Mark Holley, 78 of Murtaugh, grabbed the wheel to correct the vehicle, causing it to overturn off the roadway. Holley was not wearing his seatbelt and was ejected from the vehicle where he succumbed to his injuries. Stockton was wearing her…
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Minnesota’s Social Host Liability Ordinances: An Overview
One can open a newspaper or look on the Internet and be inundated with interesting DWI law related topics on a variety of subjects. One of the most talked-about as of late is social host liability ordinances that seek to curb underage drinking. Why Social Host Liability Ordinances Alcohol is the primary drug of choice for adolescents […] The post Minnesota’s Social Host Liability Ordinances: An Overview appeared first on Minneapolis DWI Lawyer Douglas T. Kans.
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A Burglary Conviction Can Carry Various Penalties In New Jersey
When you enter a home or building without permission, you are breaking New Jersey law. Even if your intentions were harmless, you can be charged with trespassing and slammed with heavy penalties. But if the courts have reason to believe you had intent to commit a crime after unlawfully entering anothers property, that trespassing charge is elevated to a much more serious charge—burglary.If you are facing a burglary charge it’s critical to enlist the aid of an experienced New Jersey burglary defense attorney. While burglary is commonly thought to be the entering or breaking into a building or residence to steal money or other personal property, a burglary is committed simply by entering into or remaining in a building or residence with the intent to commit a crime.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…
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