Marijuana.com: New Mexico: Pot Pilfering Cop Caught Stealing Weed by Personal Body Camera by Monterey Bud
Marijuana.com: New Mexico: Pot Pilfering Cop Caught Stealing Weed by Personal Body Camera
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Weiner and Clinton Aide Huma Abedin Split
Anthony Weiner has gotten caught sexting again. His wife, Clinton aide Huma Abedin issued a statement saying she is leaving him. "After long and painful consideration and work on my marriage, I have made the decision to separate from my... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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2016.031: Trial Theory (Part One of Several)
To know what to do at any point in a jury trial, we must have some theory of how the parts of the trial fit together. In a felony jury trial with twelve jurors (and the requirement of a unanimous verdict) there are 4,095 permutations of verdicts that do not involve our client going to prison.1 There is only one permutation that convicts our client. If each juror’s verdict were independent of the others and there were a 50% chance that each juror would convict, there would be a 1 in 4,096 chance of a conviction. But jurors’ verdicts are not independent—one juror’s verdict will affect another’s—and the chance that any given juror will acquit is not necessarily 50%. Our goal as criminal-defense lawyers is to keep the government as far as possible from that one permutation that convicts our client. To do this we need to recognize how jurors’ verdicts are dependent on each other, and how each juror reaches a verdict. Many trial…
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Godoy v. Spearman, No. 13-56024 (8-25-16)(O'Scannlain w/Bybee; dissent by Fisher). First the opening of the dissent: "When a sitting juror is alleged to have continuously texted a judge friend about the trial and relayed the judge’s information to the jury, the majority concludes the trial court need not investigate further – and the jury verdict would not violate due process. I disagree"Having set the stage, we go back to the majority, which holds that under AEDPA deference, the state court was not unreasonable in denying a hearing or in characterizing the texts, allegedly between juror and her "judge friend," as merely procedural (what comes next in the trial) rather than substantive. A juror's substantive communication would require reversal, or at least a hearing on the issue; these texts were taken to be mere what happens next in the murder trial. Oh yes, the majority also believes that the 9th's recent…
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3 big differences between Probation and Deferred Adjudication
Many people come into my office wanting to know if they can “go on probation” to avoid jail or prison time. The first thing I tell them is stop talking about pleading guilty – it’s always the State’s burden to prove you did the crime, and sometimes the best option is to try and beat the case, either through pretrial negotiations or jury trial. But when a plea is in a client’s best interest, I always take the time to explain that there is more than one option to avoid jail or prison. In Texas a judge can defer a finding of “guilty” and place you on “deferred adjudication,” or you can be found guilty by a judge or jury and be placed on what is called “straight probation.” In this post I try to outline the major differences between these two types of dispositions. As always, your situation is fact-specific. Don’t mistake this general primer as legal advice, and make sure to talk with your…
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Lyman on Pierce & Radelet on Race, Homicides, and Prosecutions
Tim Lyman (Northeastern University, Institute for Security and Public Policy at the School of Criminology and Criminal Justice) has posted About Race and Aggravators in East Baton Rouge Parish Murder Cases on SSRN. Here is the abstract: Are Black-on-White (BkW)...
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As Donald Trump falsely claims inner-city crime "is reaching record levels," will those truly concerned about public safety address new spike in roadway deaths?
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Mayson on Dangerous Defendants
Sandra G. Mayson (University of Pennsylvania Law School) has posted Dangerous Defendants on SSRN. Here is the abstract: Bail reform is underway — but it is proceeding on shaky ground. The reform model, which deploys actuarial risk assessment to identify...
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Failure to Obey a Crossing Guard – Respect the Vest
During the morning or afternoon commute, always pay attention to the people in orange at crosswalks as failure to obey a crossing guard can actually result in a ticket. Back to school School is back in session throughout most of the state and with that comes the neighborhood crossing guard who may occasionally let the […] The post Failure to Obey a Crossing Guard – Respect the Vest appeared first on Salt Lake Criminal Defense Attorney.
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WHO IS A HOUSEHOLD MEMBER UNDER ILLINOIS DOMESTIC BATTERY LAW
In Illinois, the offense of domestic battery requires that you have caused bodily harm or made insulting or provoking contact with any family or household member. But what is a family or household member? A blood relative or a spouse seems to obviously fit the definition. The law has further applied to significant others or live-in partners. But how much of a relationship is enough before the law applies? Illinois courts have held that the law applies to persons who have or have had a dating or engagement relationship. This does not include a casual acquaintanceship or ordinary fraternization between two people in a business or social context. The dating relationship must have a romantic focus. A single date or a brief, nonexclusive relationship are also not enough to trigger the law. And what if your relationship is over? How long must it be over? In Illinois, there does not seem to be a conclusive answer. However, a recent Illinois Appelalte Court decision held that…
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DRIVING ON A REVOKED/SUSPENDED LICENSE CAN LEAD TO STIFFER DUI PENALTIES
A recent Illinois appellate case underscores the proposition that if your license is revoked or suspended, it’s revoked or suspended until the Secretary of State says it’s not. If you lose your license because of DUI, you cannot drive until you apply to get your license back from the Secretary of State even if the term of your DUI sentence is over. In some cases, you may only need to pay a fee. In others, you may have to go to a hearing and present substantial evidence. If you do drive while revoked or suspended based on an alcohol offense, the penalties for later offenses can be increased. In People v Viverette, the defendant argued that his license could not be revoked for leaving the scene of an accident because it had already been revoked for an earlier offense. Therefore, the revocation for leaving the scene could not be used to increase the penalties for his later DUI. (The defendant in fact had 15 prior convictions for DUI.) The court disagreed. Instead,…
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Morrison on Police Video
Caren Myers Morrison (Georgia State University - College of Law) has posted Body Camera Obscura: The Semiotics of Police Video on SSRN. Here is the abstract: Our understanding of violent encounters between the police and civilians is now primarily mediated...
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35 of 37 Medicare Advantage plans audited by the GAO found to have overcharged program
In a story posted on NPR’s website on August 29, the Center for Public Integrity reported that of 37 Medicare Part C (“Advantage”) insurance plans that the Government Accountability Office had audited, 35 had overcharged the government in the audit sample: Among the insurers charging the government too much: five Humana Inc. health plans, three UnitedHealth Care Group plans and four Wellpoint Inc. plans. CPI reporters approached the administrators of these plans for an interview, but all declined to comment. The high rate of overcharging the federal government for many diseases could signal millions in losses to federal taxpayers, since many of the plans enroll thousands of people.
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Kim Dotcom Extradition Appeal To Be Live-Streamed
A New Zealand appeals court today began hearing the appeal of Kim Dotcom against extradition to the U.S. The hearing is expected to take six to eight weeks. Kim Dotcom has been requesting the hearing be live-streamed. Today, the court granted his... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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"New Orleans Program Teaches Officers to Police One Another"
From The New York Times: In an age when policing is under intense scrutiny, new training programs for officers are showing up across the country. Organizers say this one, which everyone on the 1,172-member police force here is expected to...
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"The pursuit of capital punishment for Dylann Roof is a step backward"
From the Washington Post, courtesy of NACDL: Roof’s crime was surely heinous, and his racism was repugnant. But supporters of racial equality and equal treatment under the law should support Roof’s offer to plead guilty and serve a sentence of...
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Motorcycle Crash Near Burley Sends Twin Falls Man to Hospital
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: 8/29/2016 at Please direct questions to the District Office On August 29, 2016, at approximately 5:25 p.m., Idaho State Police investigated a motorcycle crash on Interstate 84, near milepost 208, in Burley, ID. Jerry D. Weeks, 38, of Twin Falls, ID was riding a 2011 Kawasaki motorcycle. As Weeks was coming off the on ramp and entering westbound Interstate 84 at the Burley Exit 208, he lost control of the vehicle. Weeks hit the guardrail on the left, then slid across both lanes. Weeks was separated from the motorcycle as the motorcycle was sliding. The motorcycle came to rest on the right shoulder of the roadway. Weeks was not wearing a helmet. He was transported by…
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Detailing efforts by Michigan prosecutors to ensure LWOP juveniles due resentencing get LWOP again
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About Trump's Doctor
Donald Trump's doctor is getting examined by the media, and it's not flattering. Either is this predecessor article. [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Margulies on Article III and the FISC
Peter Margulies (Roger Williams University School of Law) has posted Searching for Federal Judicial Power: Article III and the Foreign Intelligence Surveillance Court on SSRN. Here is the abstract: The Foreign Intelligence Surveillance Court (FISC) has an Article III problem....
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