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Last 20 posts indexed in the Criminal Law category on Justia BlawgSearch.com
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  • 04/21/18--15:07: Against My Better Judgment
  • “Enjoy the lawsuit I’m in the process of filing against you, psycho, arrogant, inferiority complex-ridden moron.” -Matthew, then. “I was just trying to make a living. I didn’t intend to defraud anyone. I was desperate, and desperation knows no boundaries.” -Matthew, now.   I have now removed Matthew’s last name from my posts about him and their URLs. I cannot conveniently remove it from his demand letter, and I will not remove it from my commenters’ comments. Whether Greenfield or Tannebaum or anyone else who wrote about Matthew’s attempts to enlist me in a scheme to defraud Fidelity Investments is not my business. I have gone as far as empathy requires me to go, and I have done so against my better judgment. Here I explain. At the time, two and a half years ago, I held Matthew up as an example of why it is a waste of time to counsel lawyers privately about their ethical lapses: I had warned Matthew privately that…

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    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: 04/21/2018 at 4:55 p.m. Please direct questions to the District Office *****Final Update***** On April 21, 2018, at approximately 2:30 p.m., Idaho State Police investigated a single vehicle injury crash eastbound US-26 at mile post 371, west of Swan Valley. Ginger Colby, 43, of Idaho Falls was driving eastbound on a 2003 Yamaha Motorcycle when she failed to negotiate a curve in the road and hit the guardrail. Colby was separated from the bike and came to rest in the eastbound lane of travel and the bike came to rest on the westbound shoulder. Colby was wearing a helmet. Colby was transported to Eastern Idaho Regional Medical Center by ground ambulance. Both lanes of travel were…

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    People v. S New York Slip Op. 02286 April 3, 2018 Continue reading

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    From 1791 to the present … the First Amendment has permitted restrictions upon the content of speech in a few limited areas, and has never included a freedom to disregard these traditional limitations. These historic and traditional categories long familiar to the bar—including obscenity, defamation, fraud, incitement, and speech integral to criminal conduct—are well-defined and narrowly limited classes of speech, the prevention and punishment of which have never been thought to raise any Constitutional problem. U.S. v. Stevens. Although the First Amendment stands against any freewheeling authority to declare new categories of speech outside the scope of the First Amendment, the Court has acknowledged that perhaps there exist some categories of speech that have been historically unprotected but have not yet been specifically identified or discussed in our case law. Before exempting a category of speech from the…

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    Defendant was accused of breaking into his ex-girlfriend’s apartment and stealing her work iPad and other personal things. She signed on to his Facebook account with a password he’d previously given her. She found a recording there which admitted he … Continue reading →

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    A 46-year-old man was arrested for allegedly dropping his pants in a supermarket parking lot while he proceeded to kick trashcans and punch cars. When Indian River County Sheriff’s Department deputies entered the parking lot of a Publix supermarket in a Vero Beach, Florida, on the evening of Thursday, April 19 they discovered a man, later identified as Wisconsin native Jonathan Boettcher, sweating heavily and acting erratically. Boettcher was allegedly screaming while his pants and underpants were pulled down, and he was reportedly waving his arms wildly. Boettcher was approached and questioned by a deputy regarding the behavior he was allegedly displaying. He disclosed that he had only consumed one beer and smoked a portion of a marijuana cigarette in a homeless camp located in the back of the market. He further stated that he removed his pants because one of his friends had driven by and mooned him causing him to drop his drawers and respond in kind, and his…

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  • 04/21/18--23:54: Injury Crash Old Highway 91
  • IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5255 S. 5th Avenue, Suite 2 Pocatello, Idaho 83204 (208) 239-9800 FAX: (208) 239-9885 For Immediate Release: 04/22/18 12:53 am Please direct questions to the District Office On Saturday, April 21, 2018, at approximately 7:57 PM, Idaho State Police investigated a one vehicle injury crash on Old Highway 91 near Robbers Roost Road, south of Inkom. Gregory Dewall, 54, of Pocatello, was driving northbound on a 2012 Honda motorcycle when a herd of deer entered the roadway. Dewall struck a deer and the rear passenger, Charlene Dewall, 58, of Pocatello, was ejected off of the bike. Neither Gregory nor Charlene were wearing helmets. Charlene was transported by air ambulance to Portneuf Medical Center. The lanes were blocked for approximately 2.5 hours. 3989 / 3642 -------------

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    When a tragic suicide, as if there’s any other kind, makes the rounds on social media, there’s an outpouring of sympathy, “thoughts and prayers” and a push to try to do something to help. Someone did just that for 17-year-old John Albers in Overland Park, Kansas. When 17-year-old John Albers threatened suicide on FaceTime, his friends called police. Albers, a junior varsity soccer player and wrestler, was home alone on Jan. 20, 2018, in Overland Park, a suburb of Kansas City, when police were called to the two-story house to check on him. Was he a young man in distress? Maybe, though it’s a hard call to decide whether to act upon one’s concern, one’s fear. After all, what if, this time, he did it and you did nothing to stop it? Didn’t that make you complicit?  “He took pills, and (was) drinking heavily,” the dispatcher said. “He (the 911 caller) saw this on FaceTime. He (Albers) also told (the 911…

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  • 04/22/18--04:57: Gay* Advice
  • It’s hard. It’s a burden. Your life is so full, so busy, and then Darth Cheeto goes and farts again. You’re literally shaking, but can’t muster the energy to lift your finger in protest. Does that make you a bad person? Where can you turn for a tummy rub that the utter pointlessness of your existence doesn’t make you a traitor to the cause? Dear Roxane, Yes, *Roxane Gay. Who better to turn to when you need serious life advice?  I’ve slowly realized, with considerable shame, that I am no better. I’ve been harboring equal measures of apathy since November 2016. I have what seem like good excuses: having a baby, illness and death in my family, a challenging job, etc., but the truth is, these mask my underlying condition of paralysis. I have made some weak attempts to engage (joining a call, buying a book, following the play-by-play of the Alabama special election) but nothing approximating real action. I have considered that I’m…

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    Defendant showed enough to get a Franks hearing. United States v. Roman, 2017 U.S. Dist. LEXIS 167167, 2017 WL 4517963 (D. Mass. Oct. 10, 2017). “Following the Franks hearing—which occurred on multiple days spread out between November of 2017 and … Continue reading →

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    The Second Circuit requires an affidavit of personal knowledge to establish standing to contest a search. The officer’s report wasn’t enough just because the officer believed that defendant’s residence was the target of the search. United States v. Lewis, 2018 … Continue reading →

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    Alleged search of a public computer in a college library for information about plaintiff’s use of it doesn’t violate any reasonable expectation of privacy. Berry v. Yosemite Cmty. College Dist., 2018 U.S. Dist. LEXIS 64732 (E.D. Cal. Apr. 17, 2018). … Continue reading →

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    https://elcomercio.pe/opinion/editorial/sendero-luminoso-osman-morote-terrorismo-editorial-historia-terror-noticia-513982 “La explicación del abogado de los terroristas excarcelados sobre por qué estos no retomarían la violencia es espeluznante” ¿Cuáles son esas respuestas? Alfredo Crespo (uno de sus representantes legales) expresó simplemente: “No hay ese riesgo ni peligro porque esto ya terminó. La situación política del país es otra”. “El arrepentimiento y el perdón se ubican dentro de la concepción religiosa, usted sabe que el doctor Abimael Guzmán no profesa una religión, es ateo, su convicción es comunista”, ha dicho Alfredo Crespo. Y Manuel Fajardo, otro de los alguna vez denominados “abogados democráticos”, ha sido todavía más tajante. “El perdón es un asunto de curas; no es…

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    Want to know what's good about being in a Broward court before a Broward Judge? .....after more than thirty-five years of practice when we think of something we will let you know. Here is Broward Judge Merrillee Ehrlich having a total meltdown during bond hearings with a woman, in a misdemeanor case, and just to show that Broward Judges don't discriminate against the handicapped when they abuse and humiliate defendants- this defendant was in a wheel-chair.  Perhaps some Broward Bar organization will give Judge Ehrlich an award for berating and abusing all defendants on an equal basis. Who knows?  It's Broweird after all. Here are the highlights:2:37: Yells at defendant who responds to question not to talk.3:04: Yells at lawyer to keep quiet defendant 3:53: Yells at defendant- "I'm not here to talk to you about breathing treatment."Reflect on that for a moment. This is a misdemeanor case. The defendant is obviously not well.…

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    Issue summaries are from ScotusBlog, which also links to papers: Monday Chavez-Meza v. U.S.: Whether, when a district court decides not to grant a proportional sentence reduction under 18 U.S.C. § 3582(c)(2), it must provide some explanation for its decision...

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    Not the first time, and certainly not the last: CSO Online: Cops go into funeral home, attempt to unlock phone with dead man’s fingerprint by Ms. Smith: Even if the cops can’t be legally accused of violating a dead man’s … Continue reading →

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    In the early morning hours this past February Cesar Cepeda lost control of his pickup truck by the on-ramp at the intersection of the Dolphin Expressway and Florida’s Turnpike. He was able to move the vehicle onto a grassy area on the side of the highway. Unable to restart the vehicle, he called his father Jose for assistance. His father promptly arrived to help his son. As the two men were standing on the side of the road by their vehicles, another car veered off the highway, striking and killing the two of them. The man who ran into the father and son then left the 2014 Camaro he was driving and took off with the father’s Chevy Equinox. The SUV was later found that same day abandoned in the town of Homestead. DNA evidence left at the scene found in and on the suspect’s car matched a man named Earl Lewis, of Homestead and led to a manhunt that went on for nearly a month. The Florida Highway Patrol began their search for Lewis assisted by the Miami-Dade State…

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    are here. The usual disclaimers apply. Rank Paper Downloads 1. What Caused the 2016 Chicago Homicide Spike? An Empirical Examination of the 'ACLU Effect' and the Role of Stop and Frisks in Preventing Gun Violence Paul G. Cassell and Richard...

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    Gemäss Medienmitteilung hat der Bundesrat beschlossen, dass das am 16. Dezember 2016 verabschiedete Bundesgesetz über die Revision der Quellenbesteuerung des Erwerbseinkommens zusammen mit mehreren darauf basierenden Verordnungsänderungen am 1. Januar 2021 in Kraft tritt. Die Reform bezweckt den Abbau von Ungleichbehandlungen zwischen quellenbesteuerten und ordentlich besteuerten Personen. Unter anderem können neu auch ansässige Quellensteuerpflichtige unterhalb eines jährlichen Bruttoerwerbseinkommen von CHF 120 000 eine nachträgliche ordentliche Veranlagung (NOV) beantragen. Eine NOV beantragen können neu auch sogenannt "quasi-ansässige" Quellensteuerpflichtige, also Arbeitnehmende ohne Wohnsitz in der Schweiz, die ihr Einkommen im Wesentlichen aus einer Tätigkeit beziehen, die sie in der Schweiz ausüben.Urs Kunzhttp://www.lawblogswitzerland.ch