According to a recent news feature from Fox News, a man was celebrating his 34th birthday with a group of friends at a local hotel where the group was having a party. San Diego Police say that the party-goers had been drinking that evening. At some point in the night, a female friend of the man decided she wanted to leave the party and would be driving her car home. For reasons that are not made clear in the police account, the man decided he did not want her to leave the party. It is not known if he was concerned about her possibly driving her car while drunk or whether he wanted her to stay for other reasons. Regardless, the man deiced to lie down in the street in front of her car as it was moving. She was already driving her BMW at the time and did not stop or otherwise avoid hitting the man. She allegedly ran him over and did not remain on the scene. At this point, first responders were called to the scene by witnesses to what is being…
Report: Man Who Lies in Front of Friend’s Car to Keep Her at Party is Killed
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Lawyers Gone Wild
What if you were just told that you’re about to hear a “shocking, unethical, and unprofessional” story? First, the word “shocking” sounds like something straight out of The National Enquirer, and every week this tabloid claims to have a new, shocking story (which then has the effect of making it seem not so shocking). Is it shocking that a vegan celebrity was caught eating ribs at 4 Rivers? No, its not, because the BBQ at 4 Rivers is so good, it’s intrinsic deliciousness has the power to convert vegans to the other team. Now, maybe vegan-to-ribs is a bit of a stretch, vegans may start with cheese or egg long before they lick the meat off a slab of ribs. If CNN or Fox News tells you something is “shocking” and “unethical”, you’ll immediately think that some politician was caught with “his” pants down (yes, I said “his”, because it seems that women don’t…
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Rural counties driving prison growth, and other stories
With Labor Day off, let's take an opportunity to clear Grits' browser tabs of stories which won't immediately make it into individual blog posts:Celebrate the CCA by sunsetting itThe Texas Court of Criminal Appeals turns 125 this year, according to a perfunctory salute and abbreviated history from the state bar. Grits believes we should celebrate by eliminating it and merging Texas' two high courts.Focus on recurrent deaths, medical care at Harris jailAccording to an article in the Huffington Post, which prominently quoted Harris County Public Defender Alex Bunin, "Texas largest jail hasn't learned much from Sandra Bland's death." According to the story, "Inmates die [in the Harris County Jail] at a higher rate per capita than most other jails in the nation, according to a Huffington Post analysis of death data from July 13, 2015, to July 13, 2016." Moreover, "Most of the deaths were related to medical issues, as…
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40-Year Prison Sentence for LGBT Hate Crime
Hate crimes are not always easy to define. In some cases, it’s easy to recognize an offense as a hate crime. For example, violence against someone who wears particular religious clothing is widely acknowledged as a hate crime. In Oklahoma, a man was recently charged with a hate crime after he murdered his neighbor for no other reason than the ... Read More The post 40-Year Prison Sentence for LGBT Hate Crime appeared first on .
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Alberstein & Zimerman on Constructive Plea Bargaining
Michal Alberstein and Nourit Zimerman (Bar-Ilan University - Faculty of Law and Bar-Ilan University) have posted Constructive Plea Bargaining; Towards Judicial Conflict Resolution on SSRN. Here is the abstract: In today’s plea-bargaining reality, the role of judges in processing criminal...
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Winning a Michigan Driver’s License Restoration or Clearance case – The last Piece of the Puzzle
For most people who win back their Michigan driver’s license (or a clearance of Michigan’s hold on their driving record), getting back on the road represents putting the last piece of the puzzle back into a fully rebuilt life. In that sense, restoration of your driver’s license goes hand in hand with the restoration of your life. Given that the real meat and potatoes of a driver’s license appeal is demonstrating that you are a safe bet to never drink again, this whole “last piece of the puzzle” stuff has some real evidentiary importance to it, as well. It requires a deep commitment and profound life changes to first decide to quit drinking, and then to stay quit. There is no one who will report that life today, as a non-drinker, looks much like it did back when you were drinking. A lot of times, those people who focus too much on the whole “I need a license” thing are those who did not spend enough…
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Bundesrat will "Heiratsstrafe" beseitigen
Gemäss einer Medienmitteilung der Eidgenössischen Steuerverwaltung (ESTV) vom 31. August 2016 hat der Bundesrat aufgrund eines Berichtes der ESTV dem Eidgenössischen Finanzdepartement (EFD) den Auftrag erteilt, eine Botschaft zur Beseitigung der sog. "Heiratsstrafe" bei der direkten Bundessteuer vorzulegen.Mit dem Modell "Mehrfachtarif mit alternativer Steuerberechnung" soll die steuerliche Benachteiligung der betroffenen Zweiverdiener- und Rentnerehepaare gegenüber Konkubinatspaaren bei der direkten Bundessteuer abgeschafft werden. Die Steuerbehörde nimmt bei diesem Modell neben der ordentlichen Steuerberechnung des Ehepaares eine alternative Berechnung der Steuerbelastung vor, die sich an die Besteuerung von unverheirateten Paaren anlehnt. In Rechnung gestellt wird schliesslich der tiefere der beiden Steuerbeträge.Aufgrund des Modelles gleichen sich die Besteuerung von Zweiverdiener-Ehepaaren und jene von Konkubinatspaaren bei…
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Ohio Administrative License Suspensions-Lesson #2
The last entry in this blog discussed lesson number one for appealing an Ohio Administrative License Suspension (A.L.S.). The lesson came from a recent appellate case. That lesson was for defense lawyers, and it was simple: file the appeal on time. This entry discusses lesson number two, which also comes from a recent appellate case. This lesson is for courts, and it is also simple: follow the law. The government cannot take property without due process of law. Due process of law includes an opportunity to be heard (a hearing) at a meaningful time and in a meaningful manner. With an A.L.S., the executive branch of government takes property from an individual by suspending the individual’s driver’s license. Therefore, the individual is entitled to a meaningful hearing at meaningful time. The most meaningful time for the hearing would be before the license suspension is imposed. However, the Ohio…
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Framingham Woman Reportedly Serenades Arresting Office
White wine bottle in an ice bucket, macro close up with copy space According to an article in the MetroWest Daily News, a Framingham woman who was recently arrested for operating under the influence sang to the officers that arrested her. The article states that the police reportedly found the woman sleeping in her parked car on Concord Road at 2:45am. The article describes the car as “partially obstructing traffic” and states that it was in a parking spot, but hanging out into the street by “several feet.” The police apparently knocked on the car’s windows in an attempt to rouse the woman but were unsuccessful. The police then opened the car doors and yelled at the woman to wake her up. When she did awaken, she began singing to the officers and reportedly made several sexual gestures. One of the officers asked the woman if she had taken any drugs to which she responded “I don’t know what I took, but I took something.” She also…
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Rolnick on Tribal Criminal Jurisdiction
Addie Rolnick (University of Nevada, Las Vegas, William S. Boyd School of Law) has posted Recentering Tribal Criminal Jurisdiction (UCLA Law Review, Vol. 63, 2016) on SSRN. Here is the abstract: The boundaries of modern tribal criminal jurisdiction are defined...
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Injury Crash On US95 North of Parma
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: 09/05/2016 4pm Please direct questions to the District Office On Monday, September 5, 2016, at 10:58 am, Idaho State Police investigated an injury crash northbound on US95 at mile marker 51.5, north of Parma. Manuel H. Valero Jr., 76, of Nyssa, OR, was driving at a slow speed on the southbound shoulder of the roadway in a 1998 Ford Ranger. Valero Jr. made a left turn in front of a 2003 Dodge R2500 pulling a 2005 Interstate Inc. trailer, being driven by Paul D. Page, 47, of Wilder, also traveling southbound on US95. Page drove into the northbound lanes in an attempt to avoid a collision; however, Valero Jr.'s vehicle struck Page's trailer. Valero Jr. was…
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A not-so-deadly summer: only one US execution from Memorial Day to Labor Day
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"Study: Can marijuana improve PTSD symptoms for veterans?"
The title of this post is the headline of this interesting lengthy new Stars & Stripes article. Here is how it gets started: Roberto Pickering’s story is all too familiar. The infantry Marine says he fought during the invasion of Iraq in 2003, lost some “good buddies” and returned to...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/Lmz0FCEkMB0" height="1" width="1" alt=""/>
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Two-Vehicle Injury Crash Near Stanley
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: 09/05/2016 at 4:30 p.m. Please direct questions to the District Office On Monday, September 5, 2016, at 9:03 a.m., Idaho State Police investigated a crash on SH-75 at milepost 192, near Stanley. Blake Phillips, 30, of Washington DC, was driving southbound on SH-75 in a 2014 Subaru Forester when he crossed the center line and collided with a 2008 Jeep Liberty, driven by Craig Haslam, 66, of Preston. Both vehicles rolled and came to rest on the northwest side of the highway. Phillips' passengers, Vernon Swaim, 91, of Vancouver, WA and Janice Feng, 27, of Ramsey, NJ, were transported to St. Luke's Wood River in Ketchum. A third passenger, Elizabeth Saam, 26, of Melbourne, FL…
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"America Is Safer Than It Used to Be. So Why Do We Still Have Calls for ‘Law and Order’?"
From The New York Times Magazine: But there are some big differences between then and now. In the 1960s, the United States experienced rising murder rates, devastating urban riots and the assassinations of some of the era’s most prominent public...
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Opportunity for law students interested in prisoners' rights: Starting Out as a Prisoners' Rights Lawyer remote access/webinar
On Thursday, September 22 from 12:00-1:15pm Pacific Time, as part of the upcoming National Prisoners’ Advocates Conference, UCLA School of Law will host a panel geared to law students and recent law grads hoping to work in the field of...
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Sklansky on Elections of Prosecutors
David Alan Sklansky (Stanford University) has posted The Changing Political Landscape for Elected Prosecutors (Ohio State Journal of Criminal Law, Vol. 14, No. 2, Forthcoming) on SSRN. Here is the abstract: For years the only serious question about district attorney...
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News Scan
Chicago Homicides Surpass 500: Labor Day weekend in Chicago saw 13 people shot to death and 65 others wounded in shootings, including a nine months pregnant woman and a retired preacher, which has solidified this year as the city's deadliest in over two decades. Deanese Williams-Harris, Rosemary Regina Sobol, Peter Nickeas and Elvia Malagon of the Chicago Tribune report that the Labor Day weekend was the bloodiest of all the holiday weekends this summer, seeing more fatalities than on Memorial Day and Fourth of July weekends. After this weekend, a total of 512 people have been killed and another 2,930 others have been shot and injured across the city so far this year, rising to levels unseen since the 1990s. To put Chicago's violence into perspective, New York and Los Angeles, both larger cities than Chicago, have a combined total of 409 homicides this year.Ex-Con Shoots and Injured Two Officers in CA Jail Lobby: Two unarmed correctional…
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Defending A Driving On A Suspended License Charge In Florida
Defending A Driving On A Suspended License Charge In Florida Pinellas County has specialized courts that deals strictly with traffic citations, DUIs and license suspension, like driving while license suspended issues. Attorneys Nicholas Dorsten and Rex Blake have more than 25 years of combined experience in prosecuting and defending these types of cases. The good thing about that is they have handled hundreds of motions, and literally thousands of traffic citations throughout their career. This is the type of experience you need when looking for a Pinellas DWLSR defense attorney. As former prosecutors, they know what the state needs for a conviction and also how to best defend your charge. Continue reading The post Defending A Driving On A Suspended License Charge In Florida appeared first on Tampa Bay Criminal Defense Lawyer Blog.
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You be DOJ: after SCOTUS reversal, should former Virginia Gov Bob McDonnell be tried for corruption again?
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