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Last 20 posts indexed in the Criminal Law category on Justia BlawgSearch.com
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  • 12/17/17--03:52: Words and Phrases
  • When a lawyer goes on a road trip from his home jurisdiction, he quickly learns that they do things differently elsewhere. Maybe just a little. Maybe a lot. But there’s almost always some local quirk. It may be the format used in papers. It may be special words. Whatever it is, it pays to know the distinctions. With that in mind, a question was posed as to which state appellate courts used the word “plenary” as opposed to “de novo.” Both express pretty much the same thing, that the standard of review by the court would be anew, as if for the first time, without deference to the court below. This is a very big deal when it comes to appeals. It can spell the difference between success and failure. But does a non-lawyer appreciate the significance of the standard of review? Does he even know what it means? There has been a movement in law toward “plain language,” the elimination of legalisms, Latin, jargon, not to mention the adoration of…

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    It’s all because of “toxic masculinity”? Tell that to Kansas Democrat Andrea Ramsey. Democrat Andrea Ramsey dropped out of the race to take on Kansas GOP Rep. Kevin Yoder, after sexual harassment allegations surfaced against her — and, she claimed, national Democrats abandoned her campaign. Ramsey announced she was pulling out of the race Friday, in a lengthy statement denying that she engaged in any harassment or retaliation against a former colleague. Wait, what? A woman? A Democrat? Sexual harassment? That’s not supposed to happen. And yet, it did. The case stems from Ramsey’s time as vice president of human resources at the company LabOne, according to the Kansas City Star. She allegedly made sexual advances towards a subordinate and retaliated against him when he rebuffed them. The man was eventually fired. He sued the company and included the accusations against Ramsey in the case, which was eventually…

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    The University of Tennessee at Knoxville is home to a unique monument called “the Rock.” Tradition holds that anyone can paint any message they like on the boulder. That tradition died Thursday when someone offended a student with their message. Aleah Vassell noticed someone painted the Rock with the words “White Pride” and immediately told a classmate, McKinley Merritt. Ms. Merritt saw the offensive painting, took a picture of it, and twitted it to the University of Tennessee’s main account. @UTKnoxville this was seen on the rock approx 30 minutes ago and is not okay. Fortunately an adult with reason and a grasp of what “free speech” means saw the twit and responded with a perfectly logical, even handed message. Hi McKinley. While we sometimes disagree with what appears on the Rock, those who paint it are protected by the First Amendment. We trust that the Volunteer community will take care of this quickly. Regular readers, or those…

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    The Sixth Amendment’s confrontation clause doesn’t apply to a suppression hearing to get the typical CI on the stand to attack his reliability. [Now, if the CI was a material witness to the case under Roviaro, likely so.] Hawkins v. … Continue reading →

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    North Carolina law does not require the finding of fault in order to receive a divorce. In many divorces, the couple simply does not want to remain together or one spouse wants to end the marriage. If there has not been any infidelity or other marital misconduct, these cases are known as no-fault divorces. How to Get a No-Fault Divorce The requirements for getting a no-fault divorce in North Carolina are simple. You just need to live apart from your spouse for one year, and at least one spouse needs to have lived in North Carolina for six months. You must live in separate residences during this one-year period. Living in separate bedrooms in the same home is not sufficient to be considered separation. Once the one-year period has elapsed, you can file for a divorce in your county’s district court. You should also consult with an attorney during this time to discuss common legal issues like getting a separation agreement and negotiating alimony and property distribution.…

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  • 12/17/17--06:17: THE BEST LEGAL MOVIES
  • Happy Sunday! It's your favorite Girl Blogger under 30 Millennial Me! 👩 Still the only blogger in the history the justice building blog to us an emoji. And that record won't be broken any time soon we are guessing.We've been reading Rumpole since law school and we know that come holiday season he likes to do best of lists. We thought about doing best local restaurants (Eating House or Dirt on South Beach or Milos for seafood), or best books (but Rumpole has already done that) so we settled on Best Legal Movies. 1. The Verdict with Paul Newman. First, there are Newman's icy cold blue eyes....😍but the story is great. Alcoholic lawyer, down on his luck, has only one case- a med mal case and  goes up against the Archdiocese of Boston and the biggest law firm in Boston with a crooked Judge sitting on the case ruling against him.  But the movie has some of the best lines ever:  When discussing the only expert witness the…

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    Here's a brief, browser-tab clearing roundup of items about which I haven't had time to blog, but of which Grits readers should be aware:Forensic commission can't address 'forensic hypnosis'First, updating an earlier Grits report, I communicated with Lynn Garcia, General Counsel for the Texas Forensic Science Commission, who informs me that forensic hypnosis does not fall under their jurisdiction, even as a general area they're authorized to study, because it does not involve "physical evidence," which is defined in the statute as something tangible. She said they've received complaints about the practice in the past, including one recently, and agrees it's problematic, but doesn't believe it falls within their jurisdiction. While I understand her legal interpretation, that leads to an unfortunate situation where government-sanctioned junk science (the Texas Commission on Law Enforcement gives out certifications in forensic…

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    Appearances of racism have haunted President Donald J. Trump since the very day he announced his intention to seek the American presidency. During his campaign and even more during his tenure as president, Trump has either allied himself with or spoken admiringly about people who have deep ties to white nationalism and Neo-Nazi beliefs, such as political strategist Steve Bannon and Sabastian Gorka.   The appearance of racism in the Trump political orbit gained credence when the president appointed Alabama Senator Jeff Session as Attorney General of the United States. Sessions’ political career has always been dogged by accusations of racism.   Sessions and Shadow of Racism   For example, in 1986, Sessions was an assistant U.S. Attorney in Alabama when President Ronald Reagan nominated the 39-year-old prosecutor to a federal judgeship. That nomination was derailed when credible evidence surfaced that Sessions had a history of using the n-word and held the Ku…

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    Multiple typos on the time of issuance of the blood warrant (2044, 2244, 2244 pm, 2244 am) resulted in the trial court’s suppressing the warrant. The facts don’t preponderate against the findings of the trial court because the witnesses were … Continue reading →

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     Merry Christmas, and Happy New Year, Mr. Jones.United States v. Rick Allen Jones, 2017 WL 6395827 (9thCir. Dec. 15, 2017), decision available here.Players: Per curiam decision with Judges M. Smith, Motz, and Nguyen.   Big win for AFPD Keith Hilzendeger, District of Arizona. Facts: Jones pleaded guilty to 18 USC § 922(g)(1). Id. at *1. The court found he had been convicted of at least three violent felonies, and sentenced him under the ACCA. Id.   After the Supreme Court’s 2015 Johnson decision and Welch, Jones filed a § 2255 motion attacking these priors. Id.   The district court denied the motion. Issue(s): “Of Jones’s five prior felony convictions, three were for armed robbery under Arizona Revised Statutes § 13-1904. Therefore, whether Jones is subject to the ACCA’s fifteen-year mandatory minimum sentence depends on whether these convictions qualify as violent felonies.” Id. (footnotes omitted).…

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    are here. The usual disclaimers apply. Rank Paper Downloads 1. The Idea of 'The Criminal Justice System' Sara Mayeux Vanderbilt University - Law School Date Posted: 10 Oct 2017 265 2. The Challenges of Prediction: Lessons from Criminal Justice David...

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    I explained in this post last week, "Could Vermont legalize marijuana by traditional legislation in just a matter of weeks?," how notable and valuable it could be, for policy-makers, citizens and researchers, to have a state embrace a distinctive approach to marijuana legalization through the traditional legislative law-making process. As...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/LESO-i4o7Hc" height="1" width="1" alt=""/>

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    Tech people are a pretty cocky bunch.  Most tech believers will tell you that all of human “progress” has come via technology.  Obviously, they’re not focusing on our more deadly weapons or better ways to destroy the environment, they’re bragging about the most basic technologies–like how to start a fire.  After all, if we were still trying to figure out how to start a fire, you wouldn’t be reading this right now, and we would all be eating the original paleo diet. Often, new technologies mean job losses to someone, somewhere.  When elevators were first invented, nobody trusted these machines to magically transport them to another floor.  So, a human being was employed full time to operate the elevator.  Eventually, the “Elevator Operators Union” (it still exists) lost 17,000 jobs with the advent of automatic elevators.  And, who can forget the autoworkers losing their jobs to bright yellow…

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    Winning criminal cases with martial arts & contemplative practice Winning criminal cases for the defense requires ability, knowledge and experience by the criminal defense attorney. As a Fairfax, Virginia criminal lawyer, I repeatedly crystallize my ideas about the path to court victory, including the benefits of martial arts and contemplative/mindfulness/meditative practice. Winning criminal cases calls for constant practice and attention While the principles of my martial art taijiquan, and of contemplative practice may be easy to understand, they are profound and call for correct and regular practice. Taijiquan is all about harmonizing imbalanced situations so that any bows and arrows that come my way are another exercise in effectuating taijiquan balance. Mindfulness/contemplative/meditative practice softens and opens my spirit, heart and mind in order to well absorb the necessary lessons and principles of effective criminal defense and life practice. Fairfax,…

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    New York Magazine: Are Trump’s Transition Team Lawyers Attempting to Discredit Mueller? by Chas Danner Well, duh! “To ask the question is to answer it.” Heald v. Rice, 104 U.S. 737, 755 (1892); In Re Debs, 158 U.S. 564, 581 … Continue reading →

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    I am pleased to announce that we have a winner for our Fall 2017 Andrew Flusche Scholarship: Lucas Camusso: Lucas is a Film major at the University of Central Florida, and he submitted an incredibly creative video about “how to interact with the police.” Check out his video: We are now accepting applications for the Spring 2018 scholarship. Head over to the main Andrew Flusche Scholarship page for the full details. © admin for Andrew Flusche, 2017. | Permalink | No comment | Add to del.icio.us Post tags: Feed enhanced by Better Feed from Ozh The post Fall 2017 Scholarship Winner! appeared first on Andrew Flusche.

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    A business in Van Nuys that is suspected of selling drugs through a telephone operated delivery service led to sixteen people facing charges. The service is said to have been selling heroin and cocaine to purchasers phoning in personal orders, in addition to selling bulk amounts to a drug ring. A 40-year-old man from Sylmar identified as Sigfredo Gurrola Barrientos is the alleged manager of the operation named Manny’s Delivery Service, and he supervised six others. They worked for the Van Nuys located operation by taking telephone orders, delivering of the narcotics in company designated vehicles, and a variety of other tasks pertaining to the service. Starting at the end of August, recorded conversations monitored by law enforcement documented that those involved with the drug ring had procured numerous kilograms of heroin and hundreds of thousands of dollars. Pacoima resident Jacqueline De La Rosa, 24, allegedly obtained large amounts of the drugs which she stored in…