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Last 20 posts indexed in the Criminal Law category on Justia BlawgSearch.com
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    Defendant’s challenge to the investigative techniques in this child rape case led the district court to instruct the jury that the propriety of searches and seizures were questions for the court. The defense objected that the instruction lessened the government’s … Continue reading →

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    Hollywood. Congress. Liberal Senators and even TED talks conferences for goodness sakes... have all been roiled by accusations by women of unwanted sexual advances by men. When will the shoe drop here?Take one powerful and experienced lawyer. Give them power (robes). Add dozens of not powerful and inexperienced lawyers, court reporters, and the like. Mix. KABOOM!It's happened before. Many many many times. Who amongst us has not heard the whispers of the Judge with the young PD or ASA? Or the older lawyer with the law-school intern. The last few months have been eye openers. Here is our question: What procedures are now in place for a young ASA or PD or any of the courtroom personnel to make a complaint against an older, powerful lawyer?  Other than emailing us (and we have gotten those emails which we treat in the strictest confidence and destroy upon reading), where can someone in the legal system turn when an unwanted advance is made? From…

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    Both North and South Carolina have general child support guidelines that are used to calculate how much child support a non-custodial parent must pay. These guidelines are generally followed unless there are special circumstances that warrant a deviation from the guidelines. These factors are the most important considerations when calculating child support payments: child custody arrangements gross income of the non-custodial parent special circumstances that require deviation from the guidelines Non-Custodial Parents Must Pay Child Support While both parents must provide for the child, it is assumed that the custodial parent is providing the child with the proper level of the support. In cases where one parent spends substantially more time with the child or children, it is usually easy to determine who the custodial parent is. Other cases can be more complicated. If both parents have shared custody, this could impact the amount of child support payments that the non-custodial…

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    El ajedrez a diferencia del fútbol generador de pasiones efímeras utilizadas como ejemplo de éxito en la hora presente con el único fin de mantenernos adormecidos generando un alzheimer colectivo para beneficio de muy pocos. El juego, deporte, ciencia como identificamos al AJEDREZ ¡ENSEÑA A PENSAR!, incentiva la memoria, el cálculo, el orden, la espera cuando las cosas deben tomar su punto antes de actuar, todo esto y mucho más es el ajedrez, por tanto, casi asegurado el "Campeonato Mundial de veteranos" por el GM peruano Julio Ernesto  Granda Zúñiga, bueno es precisar cuan notable es su éxito. En el escalafón de los cien mejores jugadores de ajedrez Julio Granda en el mes de octubre de este año ocupaba el puesto 100 con 2653 puntos antes y con 2678 puntos el Gran Maestro inglés  Nivel Short son los únicos jugadores mayores de 50 años  que…

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    The use of DUI checkpoints—or roadblocks—designed to permit law enforcement to randomly and/or systematically stop motorists to determine if they are driving while under the influence has been the subject of considerable debate. Whereas some people assert that these roadblocks are unconstitutional, others refute that they are necessary to reduce the growing problem of drunk […] The post Are DUI Checkpoints Effective? Not Everyone Thinks So appeared first on Minneapolis DWI Lawyer Douglas T. Kans.

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    At the Houston Chronicle, St. John Barned-Smith has a story on Houston PD's decision to use the "Precision Immobilization Technique" (PIT) - causing a fleeing suspect's car to crash by intentionally ramming the back corner of their moving vehicle - for use during car chases in that city.The article only quotes law enforcement personnel, no accountability advocates, researchers, or others who might have suggested needed limits on the tactic. So, since this was a topic that came up years ago when your correspondent was Police Accountability Project Director at the ACLU of Texas, allow Grits to fill that void. Offhand, here are some of the bare-minimum policies needed to make this decision acceptable from a public-safety perspective:1. PIT should not be used for pursuits resulting from traffic violations - only when pursuing alleged felons. 2. It should require initial training and regular retraining of authorized officers, including proper locations…

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    Am 8. November 2017 hat der Bundesrat eine Stellungnahme zum Bericht der Kommission für Rechtsfragen des Nationalrates zur Initiative 16.478 vom 21. September 2017 verabschiedet. Die Initiative geht auf Vorschläge des Präsidenten des Bundespatentgerichts betr. Änderungen organisatorischer Bestimmungen des Bundespatentgerichtsgesetzes vom 20. März 2009 zurück. Ziel der Vorschläge ist die Einräumung von mehr Flexibilität in der Gerichtsorganisation, konkret die Möglichkeit des Bezugs einer hauptamtlichen Richterin oder eines hauptamtlichen Richters mit technischer Ausbildung für den Fall, dass die Präsidentin oder der Präsident in den Ausstand treten muss. Barbara Epprechthttp://www.lawblogswitzerland.ch

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    Today marks the 21st anniversary of the landmark Supreme Court case of Ohio v. Robinette[1]. Ohio v. Robinette[2] stands for the simple proposition that the 4th amendment does not require police officers to inform drivers in a traffic stop that they are free to go before asking questions unrelated to the purpose of the traffic stop. The Case[3] The case behind Ohio v. Robinette is relatively mundane. On a stretch of I70 near Dayton Ohio, Robert D. Robinette was pulled over for a traffic stop on August 3, 1993. Mr. Robinette was issued a warning for speeding. The officer then asked “One more question before you get gone: Are you carrying any illegal contraband in your car? Any Weapons of any kind, drugs, anything like that?”. Mr. Robertte responded “no”. The officer then asked if he could search the car, which Mr. Robinette consented to. The officer subsequently found a small amount of marijuana, and a single pill of ecstasy. Mr. Robinette was arrested…

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    “Krasley is alleged to have pointed a gun at Pearson and required him to lie on the ground, but the charge of promoting prostitution was serious, Pearson was in a vehicle and thus could have fled, and Pearson was uninjured. … Continue reading →

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    The affidavit for a telephonic search warrant included that defendant had been convicted of DUI under another state’s law didn’t have to also meet the statutory requirement that the other state’s offense was “similar” to Montana’s. That was an issue … Continue reading →

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    The Marshall Project: A ‘Routine’ Stop Almost Ended My Career Before It Started by Johnathan S. Perkins: Sometimes there’s danger in speaking out against perceived police misconduct.

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    Harris County’s Precinct 4 is the largest Constable’s office in the United States with nearly 500 sworn deputies funded by a $52 million annual budget. Mark Herman, a three decade veteran with the Precinct 4 office, was appointed constable by the Harris County Commissioner’s Court in May 2015 and duly elected in November 2016. He vowed to fight crime and continue to keep Precinct 4 safe.   Precinct 4 Constable Destroyed Evidence Since 2007   Less than a year after being appointed constable, Herman learned that one of his deputies, Chris Hess, had destroyed evidence in the Precinct’s evidence room because it was overcrowded. The destroyed evidence—some 21,000 pieces in all—involved roughly 10,000 cases handled by Precinct 4 since 2007.   Herman’s statement about not learning of Hess’ action until late March or early April 2016 is at odds with then Harris County District Attorney Devon Anderson statement that she…

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    Over 51 million Americans are going to travel over 50 miles from home this Thanksgiving. A record high…according to the American Automobile Association. So what does this mean for Connecticut drivers? More DUI / DWI sobriety checkpoints set up by State Troopers and Stamford & Greenwich Connecticut Police. What happens during these checkpoint stops? And how do you fight a DUI / DWI checkpoint arrest? Here are 3 things to know right now… Consequences of Hooking a U-Turn to Avoid the Checkpoint This is an obvious rookie move—yet the best Stamford and Greenwich Connecticut DUI criminal lawyers and attorneys see this ALL the time, especially from younger drivers, and older drunk drivers. May as well put a sign on your car with bright lights saying “Pull me over—I may be drunk driving!” Just because you had a drink or two does NOT necessarily mean you are going to get pulled over at a DUI checkpoint or get arrested in Stamford or Greenwich…

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    By H. Michael Steinberg Colorado Criminal Defense Lawyer – Attorney Colorado Criminal Law – Damn It – Never, Ever, Ever Talk to the Police – There Is No Upside – It is incredible why so many people under investigation insist on telling their story to the police – naively believing that they are helping their case. The truth is this – never, ever, ever talk to the police after you have identified yourself. When a police officer tells you he is there to “get to the truth,” – the “truth” is the police see themselves as part of the prosecutor’s team…. not your team. Continue reading

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    are here. The usual disclaimers apply. Rank Paper Downloads 1. Amicus Brief of Professor Orin S. Kerr in Carpenter v. United States, 16-402 Orin S. Kerr The George Washington University Law School Date Posted: 04 Oct 2017 1,096 2. Criminalizing...

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    Drivers working for rideshare services such as Uber and Lyft have the added responsibility for the safety of their passengers, to go along with all drivers’ responsibility to each other on the road. Because of the distractions involved with the job, safe driving advocates wonder whether rideshare drivers are more likely to be in car crashes. Unfortunately, there are no official records of the number of accidents involving rideshare drivers. Police crash reports do not categorize rideshare vehicles for statistical purposes. Unlike taxi cabs, rideshare vehicles are not obviously marked as a commercial vehicle. Analysis of how rideshare drivers operate suggests that they face increased distractions related to their work. Focus on Phones Whereas taxi drivers typically use radio dispatch for communications, rideshare drivers communicate using their phones. Drivers have their phones mounted to their dashboards, with their ridesharing app open. The app…

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    A Florida father allegedly left his two young sons in the back of his locked car in a parking lot while hanging out in a strip club. He has been accused of child neglect. According to staff at the establishment Willie Lee Jordan Jr., 23, visited Fort Myers gentleman’s club Scarlett’s Cabaret on Thursday, and he was asked to leave because he did not meet the dress code standards of the club. He returned in proper attire later in the evening. One of the security guards on shift heard the cries of a child and went to investigate where the sound was coming from. He came upon Jordan Jr.’s locked SUV which had the windows open a couple of inches, and he saw two young boys alone in the back seat. A 3-month-old infant was crying and found in an upside down position in an unbuckled car seat. The other child, a 3-year-old boy, was sitting in the back seat and also crying. Continue reading →