Category Archives: Criminal Law

*Update* Crash Blocking US26 East of Shoshone

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: 11/16/2018 9:15 p.m. Please direct questions to the District Office **UPDATE** At this time, the eastbound lane of US26 at mile marker 173 is open. Traffic is able to flow through the area in both directions of travel. **END UPDATE** 3761 / 3642 Idaho State Police is investigating a crash eastbound on US26 at mile marker 173, east of Shoshone. Both lanes of US26 are blocked and motorists should expect delays. 3451/4110 ————-.. To continue reading this legal news please click Read full information...

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Prior Convictions for Possession of Drug Paraphernalia

A recent case from the court of appeals answers a question we’ve been wondering about for four years: How should a person’s prior conviction for possession of drug paraphernalia (PDP) count toward his or her prior record level after the General Assembly created a new offenses of possession of marijuana paraphernalia? I wrote about this general issue back in 2014 (here), when G.S. 90-113.22A first came into effect. Under that law, effective December 1, 2014, possession of drug paraphernalia related to marijuana was created as a Class 3 misdemeanor. The existing PDP offense, G.S. 90-113.22(a), remained a Class 1 misdemeanor, but was amended to say that it applied to possession of paraphernalia related to controlled substances other than marijuana. In State v. McNeil, the defendant was convicted in 2017 for a felony committed in 2016. He had a prior PDP conviction from 2012—back when the only version of the offense was the Class 1 misdemeanor. It was treated as a….. To continue reading this legal news please click Read full information...

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Manes on Secrecy and Evasion in Police Surveillance Technology

Jonathan Manes (University at Buffalo School of Law, State University of New York) has posted Secrecy & Evasion in Police Surveillance Technology (Berkeley Technology Law Journal, Forthcoming) on SSRN. Here is the abstract: New technologies are transforming the capabilities of….. To continue reading this legal news please click Read full information...

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Life sentence for attempting to give ISIS material support upheld

Harlem Suarez appealed was sentenced to life in prison without parole following his conviction for one count of attempting to use a weapon of mass destruction in violation of 18 U.S.C. 2332 and one count of attempting to provide material support to a foreign terrorist organization, ISIS, in violation of 18 U.S.C. 2339B.  A jury found him guilty following an eight-day trial. In his appeal he argued the evidence was insufficient to support his conviction for attempting to uses a weapon of mass destruction. The statute has a jurisdictional element, which requires that the offense, in this case an attempt, would have affected interstate or foreign commerce. Suarez argued the government was required to prove a substantial effect on interstate commerce to satisfy the jurisdictional hook. The court of appeals disagreed by holding that the government only had to prove that a de minimis effect on interstate commerce satisfies the jurisdictional element. Because the minimal effect….. To continue reading this legal news please click Read full information...

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"Sugar Babies, Sexual Assault Claims, Takedown Demands, and Microaggressions"

Eugene Volokh has this post at The Volokh Conspiracy, excerpting an interesting case from Minnesota. In part: Self-described "sugar baby" Shawdy Kiani initiated a four-month sexual relationship with "sugar daddy" John Huha, exchanging "companionship" for lavishments. Kiani spurned Huha's attempt….. To continue reading this legal news please click Read full information...

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